2023 New York Legislative Wins, Challenges, and the Road Ahead

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During the 2023 state legislative session, we continued to fight for the rights of all immigrants targeted by the immigration and criminal legal systems.


** Legislative Goals: Promoting Justice and Inclusivity
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Our legislative priorities included disentangling ICE policing in the state from local agencies, expanding procedural rights for immigrants in the criminal legal system, and combating criminalization together with allies across movements. This year, our key goals included:
* New York for All: Ending collusion between ICE and local agencies in New York State.
* Fair Courts for Immigrant New Yorkers: Strengthening protections for immigrants facing criminal charges.
* The Challenging Wrongful Convictions Act: Creating a pathway to justice for individuals with wrongful or improper convictions.
* The Clemency Justice Act: Bringing transparency and reform to New York's clemency process.
* Supporting and strengthening a shared vision for legislative change ([link removed]) through the Justice Roadmap. Justice Roadmap ([link removed]) brings advocacy organizations and legislators together to address the interconnected harms of the criminal legal and immigration systems.


** Wins: Progress Towards Justice
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We celebrate the passage of Fair Courts for Immigrant New Yorkers ([link removed]) (previously: Court Notification). Fair Courts strengthens protections for immigrants facing criminal charges in New York. Last year the Governor's veto undermined strong support for the bill ([link removed]) . This year, IDP united with legal advocacy and community organizations to show the urgent need for the bill. We are now calling on Governor Hochul to sign it. Immigrant New Yorkers are often unaware that a plea in criminal court can cause devastating consequences, including deportation. This bill ensures that guidance from judges are meaningful for all immigrants. And it creates systems of accountability when those rights are violated. Read more about Fair Courts.
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IDP celebrates the passage of the Challenging Wrongful Convictions Act ([link removed]) . This bill gives people a legitimate chance to clear their names after convictions. It provides a path to justice for immigrant New Yorkers who are facing consequences on the sole basis of a wrongful or improper conviction to have their claims heard with access to counsel. The Challenging Wrongful Convictions Act helps break the cycle of perpetual punishment. IDP will continue to fight to ensure the goals of the bill will be meaningful to all immigrants. Read more about the legislation ([link removed]) .

We also celebrate passage of Clean Slate ([link removed]) , a key priority for the Justice Roadmap ([link removed]) . As a result of Clean Slate, New York will will automatically clear certain conviction records after a set period of time. Sealing records as a result of this bill will not erase negative immigration consequences. IDP continues to fight for expanded recognition of expungements, sealing, and post-conviction relief in immigration forums. But, as a result of Clean Slate, immigrant New Yorkers will face fewer barriers to accessing jobs, housing and education.

The successful campaign ([link removed]) of Common Justice and other organizations to pass the Fair Access to Victim's Compensation Bill, another Justice Roadmap ([link removed]) bill, is also cause for celebration. As a result of their work, New York will provide access to financial relief for survivors who were previously barred from receiving victim compensation.


** Obstacles and Challenges: Persistence in the Face of Resistance
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IDP condemns the legislature for failing to pass ([link removed]) the New York For All Act ([link removed]) . New York For All is critical legislation to stop local and state agencies in New York State from colluding with ICE. Currently, ICE relies on its ability to conspire with local law enforcement and government agencies to search for, arrest, and deport immigrant New Yorkers. By relying on the criminal legal system, ICE multiplies the impact of the injustices of the racially biased criminal legal system and discriminatory policing for immigrant communities. Read more about New York For All ([link removed]) .

In addition, the legislature failed to pass the Clemency Justice Act, harming all New Yorkers. The Clemency Justice Act ([link removed]) seeks to bring New York’s convoluted and underutilized clemency process to light. Deportations and de facto life sentences continue to separate New York’s immigrants and communities of color from their families and destabilize already-struggling communities. Failure to pass this bill harms immigrant New Yorkers facing imminent deportation or life-threatening health conditions behind bars. Read more about the Clemency Justice Act ([link removed]) .

IDP remains committed to advocating for justice in New York City through ICE Out! NYC and at the federal level through New Way Forward and Marijuana Justice. We will continue to educate elected officials about the harms caused by the criminal and immigration systems. And we will not stop until we live in a society that is fair and inclusive for all.

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