New York State Bar Association Supports Right To Counsel for Detained Immigrants
4.11.2026
U.S. Immigration and Customs Enforcement has dramatically increased arrests and deportations. The New York State Bar Association urges passage of legislation that will ensure that immigrants have lawyers to represent them in detention proceedings.
On Saturday, the New York State Bar Association’s governing body, the House of Delegates, adopted a report from its Committee on Immigration Representation pledging the association’s support of legislation that will significantly increase the number of lawyers representing immigrants.
“Overzealous federal actions have made even legal immigrants fearful to participate in public life,” said Kathleen Sweet, president of the New York State Bar Association. “We support bills to ensure that all persons in immigration court get the legal representation they deserve.”
According to the Vera Institute of Justice, nearly 30% of people facing deportation in New York are unrepresented, while 40% of individuals who have been detained lack counsel.
The New York State Bar Association supports the passage of several bills, including the BUILD Act and the New York for All Act.
The BUILD Act (S4538/A2689) would provide funding to expand immigration legal services across New York State. Due to cuts in federal funding, many of the organizations that provide immigration legal services are facing a shortfall in the coming year. In addition, more people need legal services due to the increased actions of immigration enforcement.
The New York for All Act (S2235A/A3506) would prohibit state and local police departments from aiding ICE in its immigration enforcement efforts. While Westchester County has outlawed such practices, Broome, Nassau, and Rensselaer counties have entered into 287(g) agreements allowing local law enforcement to act as federal immigration agents.
The report also recommends that law firms expand their pro bono efforts to represent people who face deportation or assist in federal litigation challenging violations of due process in immigration enforcement. The association will also advocate to increase funding for the Office of New Americans of the New York State Department of State.
The New York State Bar Association also supports the passage of the following bills:
- The Sanctuary Hospitals Act (A9589), which would prohibit immigration enforcement at hospitals. The association also supports expanding the bill to include more sensitive locations including courts, educational institutions, and places of worship.
- The Access to Representation Act (S141/A270).
- The Dignity Not Detention Act (S316/A4181).
- The SNAP for All Act (A6632), which would create a state-funded program to restore Supplemental Nutrition Assistance Program benefits to those who lost them under federal restrictions, including immigrants.
- The Fairness to Freedom Act of 2025 (R. 3127), which would require that the federal government fund legal representation for immigrants who cannot afford an attorney.
- The SHIELD Act of 2025 (R. 3101), which would establish a four-year renewable competitive federal grant program for organizations that provide immigration legal services.
- The Real Courts, Rule of Law Act (R. 7836), which would create an independent immigration court system similar to the U.S. Tax Court and the U.S. Court of Appeals for Veterans Claims, and would separate the operation of immigration courts from political influence.
Karin Anderson-Ponzer is the chair of the Committee on Immigration Representation. She is the director of legal services at Neighbors Link Community Law Practice.
