Victory & Disappointment this Legislative Session

During the 2022 state legislative session, which ended last week, the Immigrant Defense Project continued working towards justice for all immigrants caught at the intersection of the immigration and criminal legal systems.
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. Read our full statement.

Big Wins

We celebrate the passage of Court Notification, which strengthens much-needed protections for immigrants facing criminal charges in New York. After years of persistent advocacy from IDP and our partners, we look forward to the Governor signing this bill into law. 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 creates systems of accountability when those rights are violated. Read more about the legislation here, and look out for resources in the coming weeks.

IDP also celebrates passage of the Stop Immigration Bond Abuse Act which prohibits private bond companies from misleading immigrants and using electronic shackles and exorbitant fees, and the Vaccine Confidentiality/Immunity Passport Privacy which enables all New Yorkers to use immunity passports without fear that they will become universal tracking devices. 

Deep Disappointment

IDP is deeply disappointed by the legislature’s failure to pass New York For All and other key priorities for immigrants this session. We continue to fight for passage of:

New York For All: The legislature failed to take critical action to stop ICE from colluding with local and state agencies in New York State. Currently, ICE relies on its ability to conspire with local law enforcement and government agencies to search for, arrest, and deport immigrant New Yorkers, multiplying the injustices of the racially biased criminal legal system and discriminatory policing. Read more about the legislation here.

The Challenging Wrongful Convictions Act, passed the Assembly but the Senate failed to follow suit. This bill gives people a legitimate chance to clear their names after convictions and provides a path to justice for immigrant New Yorkers who are facing consequences on the sole basis of a wrongful or improper conviction. By creating a pathway for people to have their claims heard, this bill helps break the cycle of perpetual punishment. Read more about the legislation here.

The Clemency Justice Act 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, including those facing imminent deportation or life-threatening health conditions behind bars. Read more about the legislation here.