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| Immigrant Rights - Creating Deportation Defense, Immigrant Rights - Expanding Municipal ID Cards

City to help immigrants seeking deportation reprieves

New York Times - July 17, 2013, by Kirk Semple - New York City plans to spend $18 million over the next two years to help young unauthorized immigrants qualify for a federal program that grants a temporary reprieve from deportation, officials announced on Wednesday.

The money will add 16,000 seats to adult education classes throughout the city, and priority for those slots will be given to immigrants who might qualify for the reprieve.

While more than 20,500 immigrants in New York State have already been granted the reprieve, known as deferred action, city officials have estimated that about 16,000 others in New York City alone would satisfy all the conditions save for the requirement that they have a high school diploma or General Educational Development certificate, or be currently enrolled in school.

The project — the largest investment made by any municipality in the nation to help immigrants obtain the deferral, city officials said — is one of two new immigrant-assistance initiatives that will receive significant injections of public money in the current fiscal year, which began July 1.

The other budget allocation, which the city plans to announce formally on Friday, will pay for a pilot program that will create what immigrants’ advocates say will be the nation’s first public defender system for immigrants facing deportation.

Together, the two programs further cement New York’s reputation as one of the most immigrant-friendly cities in the nation. They also come at a time when a push for comprehensive immigration reform that would include a path to citizenship for unauthorized immigrants has met stiff resistance among Republicans in the House of Representatives.

In a news conference in City Hall on Wednesday, Christine C. Quinn, the City Council speaker, seemed to allude to sclerotic politics on Capitol Hill, saying the Council’s budget decisions send a message to the rest of the nation “that local government can take action while we wait for comprehensive immigration reform.”

The federal deportation reprieve was announced by the Obama administration in June 2012. To qualify, an applicant must have arrived in the United States before reaching his or her 16th birthday and been younger than 31 as of June 15, 2012, among other requirements. Recipients of the reprieve, which is subject to renewal after two years, are legally allowed to work and, in many states, obtain a driver’s license.

More than 400,500 people across the nation have been granted the deferral; for many others, the educational requirement has been a major hurdle.

For years, adult education programs in the city have been swamped by huge demand yet been hamstrung by financial shortfalls.

Of the $18 million allocation, $13.7 million will be provided to community-based organizations through the Youth and Community Development Department and used for outreach and the increase in seats. The remaining $4.3 million will help expand related education programs offered through the City University of New York, like English for Speakers of Other Languages and General Educational Development.

In recent days, immigrants’ advocates have also been celebrating the City Council’s decision to help pay for another initiative: the allocation of $500,000 in its current budget for a network of legal service providers to represent immigrants facing deportation.

Defendants in immigration court, unlike those in criminal court, have no constitutional right to a court-appointed lawyer. Hampered by language barriers, lack of money or ignorance, most end up trying to fight their deportation alone — almost always with poor outcomes.

According to a recent study, 60 percent of detained immigrants in the New York region did not have counsel at the time their cases were completed. Of those without counsel, only 3 percent won their cases, compared with 18 percent of those with counsel.

Proponents of the program, called the New York Immigrant Family Unity Project, said it would cost about $8.7 million to provide legal representation for the 2,800 or so immigrants living in New York State who are detained and face deportation every year. The city allocation, however, will help cover the cost of a pilot program to represent just 135 immigrants. Advocates said that despite its limited reach, the pilot program would give them a chance to test their theories and demonstrate the potential impact of a broader plan.

The program will not only help keep families together, argued Andrew Friedman, executive director of the Center for Popular Democracy, an advocacy group that helped to lobby for the financing, but will also create “an innovative model program” for other municipalities to replicate.

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