At Neighbors Link Community Law Practice in Westchester County, we regularly meet people from all backgrounds. Asylum seekers fleeing violence and war. Courageous moms and dads looking for safety for their children. People who have endured unspeakable violence and are seeking protection. These immigrants come to the U.S. for safety and hope. Many of the people we work with, after having worked so hard to rebuild their lives here, have had their lives upended overnight.
A parent leaves home for work or attends what they believe will be a routine immigration check-in — and suddenly they are detained. Within hours, spouses are scrambling to find legal help, children are asking when their parents are coming home, and families are thrust into a complicated legal system few understand.
No guaranteed right to an attorney in immigration court
What many people don’t realize is that in immigration court, there is no guaranteed right to an attorney.
Unlike in criminal court, people facing deportation do not receive a public defender if they cannot afford a lawyer. That means parents, workers, and longtime community members are sometimes left to navigate one of the most complex areas of law on their own — even though the stakes are incredibly high. A deportation order can mean permanent separation from family, loss of livelihood, and exile from the community someone has built their life in.
For those who can secure legal representation, the difference is profound. Immigrants with attorneys are far more likely to succeed in their cases and remain with their families. But in Westchester and across the Hudson Valley, the need for immigration legal services far outpaces the capacity of nonprofit organizations like ours. Every week, we see people who qualify for relief under the law but struggle to find representation simply because there are not enough resources to meet the demand.
This is not just an issue for immigrant families. It affects the strength and stability of our entire community.
The Lower Hudson Valley is home to vibrant immigrant communities that contribute to our local economy, schools, and neighborhoods. When a breadwinner is suddenly detained and deported without a fair chance to defend their case, families lose income, children experience trauma, and local businesses and communities feel the impact.
Ensuring access to legal representation is one of the most effective ways to protect due process and keep families stable.
New York has a solution we must see enacted
That is why New York State should pass the Access to Representation Act and invest $175 million in immigrant legal services. The legislation would guarantee that New Yorkers facing deportation who cannot afford an attorney have access to legal counsel, ensuring they have a fair chance to present their case in court.
New York has long been a leader in standing up for immigrant communities. And I’m glad the state Senate and the Assembly included the $175 million investment in legal services in their one-house budgets. To remain a leader and continue fighting for our immigrant neighbors, the full investment needs to remain in the final enacted budget.
From Mt. Kisco to Peekskill and beyond, justice should not depend on how much money someone has in their bank account. If we truly believe in due process, we must ensure that everyone facing deportation has access to the legal representation they need to defend their rights and keep their families together.
Karin Anderson Ponzer is director of Neighbors Link Community Law Practice.
This article originally appeared on Rockland/Westchester Journal News: Why Due process must be a right for New York immigrants | Opinion
Reporting by Karin Anderson Ponzer, Special to the USA TODAY Network / Rockland/Westchester Journal News
USA TODAY Network via Reuters Connect
