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PUBLIC TESTIMONY
Testimony by Assembly Member Catalina Cruz, New York State Assembly, on Immigrant Rights and Legal Representation
2:43:17
ยท
7 min
Assembly Member Catalina Cruz testified on the importance of two key pieces of legislation: the Access to Representation Act (ARA) and the New York for All Act. She emphasized the critical need for legal representation for immigrants facing removal proceedings and the importance of preventing state resources from being used for federal immigration enforcement.
- The ARA would guarantee legal representation for low-income New Yorkers facing removal proceedings, potentially benefiting 53,000 New Yorkers and their families.
- The New York for All Act aims to ensure state and local resources are not used to facilitate federal immigration enforcement, protecting constitutional rights and instilling confidence in public institutions.
- Cruz highlighted the state's increasing investment in immigrant legal services, from $6.4 million in 2020 to $74 million in 2024, with a goal of over $100 million in the upcoming budget negotiations.
Catalina Cruz
2:43:17
Thank you.
2:43:18
Do I have to press this one?
2:43:19
Alright.
2:43:20
It's interesting being on the other end of this.
2:43:22
Thank you and good to see you, again, council member Aviles.
2:43:26
I am assembly member Catalina Cruz, and I represent the 39th assembly district in Queens, a community that embodies the rich diversity and resiliency of our immigrants.
2:43:37
As the sponsor of the Access to Representation Act that the 1st former dreamer elected in the, state of New York, I bring both legislative experience and personal insight on the challenges faced by our immigrant communities.
2:43:49
I wanna thank you as well as, the Gail Brewer for all of your work in advocating for our immigrant communities.
2:43:56
It is really important to have partners all across the state and across all levels of government in getting this work done, especially when we have so many people who claim to be our partners and are leaving us behind.
2:44:07
I want to first talk about the access to representation act and the importance of this, piece of legislation and the investment on for our immigrant communities.
2:44:18
The ARA would guarantee legal representation for low income New Yorkers facing removal proceedings.
2:44:25
This means residents, asylum seekers, undocumented people, anyone facing a deportation.
2:44:31
People become removable for a million reasons, because an attorney filed the wrong paperwork, because they couldn't afford an attorney and went to a notario, because they overstayed their visa, because their status lapsed, because maybe 20 years ago, they were a different person and committed a crime and now are better, but got, permanent residency and now are seeking citizenship and now are being removed, or simply because they crossed the border in search of a better life and have no status.
2:45:01
And I say all of this because every single one of these people, no matter how they ended up in removal proceedings, under our constitution, they still have rights, and they still should be protected in spite of what other colleagues of ours may think.
2:45:15
And it is why we push forward with the access to representation act because while it's, immigration cases are civil in nature, they have your rights at stake.
2:45:25
Whether you can stay with your family or not, depends on what happens in those cases.
2:45:29
And it is why it's so important to bring an attorney with you at those particular times.
2:45:34
4 out of 5 immigrants, that enter removal proceedings don't have an attorney.
2:45:40
And when you have an attorney, what ends up happening is that you are 10 times more likely to actually succeed in that particular case.
2:45:49
This isn't just about those particular numbers.
2:45:51
It's about the humanity of the families that are facing a removal proceeding and that are going to thrive once they are successful.
2:45:58
The comptroller of the city of New York did a, did a study last year where he found that 53,000 New Yorkers and their families, would benefit from this, just just in New York City, does not even count in the entire state, would be able to benefit from the access to representation act.
2:46:16
And if they were to be successful in their case, that's $8,400,000,000 more into the coffers of New York State over the next 30 years.
2:46:25
And that would be a win for all of us, all New Yorkers regardless of their status.
2:46:29
And we're fighting because we wanna make sure that at the state budget, we continue to increase that amount, and I'll talk a little bit about that in a minute.
2:46:37
The second piece of legislation that you guys are looking at the the council's looking at in order to support at the state level is the New York for all act.
2:46:45
The New York for all act would ensure that state and local resources are not used to facilitate federal immigration enforcement, and that includes cooperation with ICE.
2:46:54
This is a matter of protecting constitutional rights because an accuse an accusation is not, the same as being found guilty of a crime.
2:47:04
And what was happening in practice 10, 20 years ago before the detainer law was that someone who was simply being accused of a crime, whether they were guilty or not, if they were picked up by eyes within those first 24 hours in holding, they didn't have an opportunity to fight their case.
2:47:21
They didn't have an opportunity to demonstrate that they were completely innocent, and that could mean someone who had asylum.
2:47:29
That could mean someone who was undocumented.
2:47:31
That could even mean someone who had a permanent residency, and that could also mean someone who was completely undocumented.
2:47:37
And I think it's important to note that this doesn't mean ICE can't do their job.
2:47:42
They can still pick up someone, remove them.
2:47:44
They can still put them in deportation proceedings.
2:47:47
All this means is that we as a state are not going to facilitate their job, that we're not gonna spend the money that we need in order to, meet the needs of every other New Yorker doing the job of ICE.
2:47:59
This would instill confidence in institutions like schools, hospitals, law enforcement, and ensure immigrants feel safe when accessing these critical services.
2:48:08
I remember when I used to practice, I had a one client who was a domestic violence survivor who told me that the first time that she called the police on her husband, they asked her for her papers.
2:48:19
We cannot go back to that time.
2:48:21
This might have been 15 years ago, but it could feel like it could be tomorrow with the way things are going.
2:48:26
We wanna make sure that anyone who needs the help and, frankly, anyone who's accused can actually have their day in court and protect their rights.
2:48:34
Fear of deportation prevented many immigrants from seeking these necessary medical care, sending their children to school.
2:48:41
We all remember what it was like before the green light bill came in and provided people with driver's licenses.
2:48:47
And we, here in the city of New York, are somewhat privileged in that people can take the train and not feel as scared.
2:48:54
But in upstate New York, you have farm workers who, if they don't have a driver's license, if they are scared, they're not taking their kids to school.
2:49:01
They're not going to the doctor.
2:49:03
And so we wanna make sure that, as a state, we have a uniform policy of saying, no, we will not do the job of ICE for them.
2:49:12
You know, and we have always been the kind of state that leads on many of these issues, and we should continue to be no matter who is at the leadership nationally.
2:49:22
I've worked, to make sure that, that my constituents, feel protected, and I want to thank you all for doing the same thing for all of the city of New York.
2:49:33
I want to say 2 things before I finish, and that's the amount of money that we are investing in legal services.
2:49:39
We started about in 2020 with only $6,400,000, and this past year, in the 2024 budget, we ended up with $74,000,000, and that is to support immigrant legal services, the office for new Americans, and other services that are similar to that.
2:49:55
And this year, we're coming in to the state budget negotiations seeking over a 100,000,000 for to supplement the work that the city of New York is already doing and doing it statewide in addition to making New York for all as well as, access to representation act an actual right in the actual law.
2:50:13
And what we need and what why I I wanna thank you all all, and I know, council member, Hanif, as well as council member De La Rosa have done, resolutions in support of these 2, pieces of legislation is that you continue to be our partners, and you continue to speak up for immigrants, especially those who are going to begin to be afraid to do so for themselves.
2:50:36
And so I'll leave it at that, and I want to thank you all for the support, and I'm happy to answer questions.
2:50:41
And if you would not mind, I just want to say, 2 sentences in Spanish.
2:50:47
And and I know it's not customary to do this.
2:51:09
Thank you.