Building on New York State’s leadership, U.S. Sen. Kirsten Gillibrand and U.S. Rep. Grace Meng’s Fairness to Freedom Act would establish the right to federally funded counsel for anyone facing deportation who can’t afford it.

NYS legal representation legislative champions Assemblymember Catalina Cruz and Senator Brad Hoylman-Sigal are among 170+ immigrants’ rights organizations, legal service providers, and government leaders across the United States who support the Fairness to Freedom Act.

New York, NY– Building on the landmark immigration legal services programs in New York State, Senator Kirsten Gillibrand and Representative Norma Torres (CA), together with Representative Grace Meng (NY), Senator Cory Booker (NJ) and Representative Pramila Jayapal (WA) introduced the Fairness to Freedom Act of 2023 in the U.S. House and Senate last week. This bill would establish a federal right to counsel for anyone facing deportation, also known as “universal representation.” The Fairness to Freedom Act of 2023 calls for a universal right to federally funded legal representation for anyone facing deportation who cannot afford a lawyer on their own.

Advocates for universal representation across the nation have pushed for the bill through Fairness to Freedom: The Campaign for Universal Representation, spearheaded by the Vera Institute of Justice and National Partnership for New Americans (NPNA) and supported by more than 170 immigrants’ rights organizations, legal service providers, and government champions across the United States. There are more than 55 jurisdictions around the country that have modeled and established their own publicly funded legal representation programs.

In New York, which has long been a leader in the movement for universal representation for people facing deportation, advocates behind the Campaign for Access, Representation, and Equity (CARE) for Immigrant Families are calling for urgently needed increases in funding in the New York State budget for immigration services and asking lawmakers to pass the Access to Representation Act, which would make New York the first state to guarantee representation for people at risk of deportation. The powerful momentum of this New York campaign demonstrates the critical importance of federal action to support immigrants nationwide in need of legal representation to defend their rights.

“Immigrants have always been an integral part of New York, contributing to the growth and strength of our state,” said Senator Kirsten Gillibrand. “However, they are being deprived of the fundamental right to due process, basic fairness, and human dignity. That’s why I’m proud to champion the Fairness to Freedom Act, which would ensure due process in immigration proceedings, leading to a more equitable and transparent system that gives immigrants a fair chance. Establishing a federal defender system for immigrants is achievable, and our country will be better for it—what we have in New York is proof, and it is just the beginning of what we can accomplish.”

“America is and always has been a nation of immigrants, and sadly we have been letting our immigrant communities down,” said Congresswoman Grace Meng. “More than one million individuals— adults and children—are currently facing deportation proceedings without legal representation. Access to legal counsel is a fundamental right that helps our immigration backlog and promotes access to due process under our laws. That is why I’m proud to introduce the Fairness to Freedom Act, which would ensure immigrants who cannot afford it have access to immigration attorneys. I am also grateful for the leadership of our partners in New York State who have built a strong foundation for landmark legal representation programs while advancing a strong campaign to pass the Access to Representation Act—universal representation legislation in my home state. Our collective efforts on the state and federal levels will ensure no new American in New York or anywhere else will get left behind.”

“I know firsthand how difficult the legal system is to navigate for immigrants, especially those who cannot afford legal representation. As federal immigration enforcement and detention continue to bring fear and instability to our communities, legal assistance is critical for people fighting to stay home with their families,” said New York State Assemblymember Catalina Cruz. “In New York, we have recognized this for many years as we have led the nation in successful universal representation programs. It's exciting to see our first-in-the-nation work is 'going national,' with our federal partners stepping up to ensure newly arrived immigrants across the country have the legal services they deserve. Through bold action on the state and federal levels, let's seize the momentum we have built to guarantee universal representation for all.”

“New York is leading the way to help immigrants get the legal assistance they need, and now our federal partners are building on that momentum to ensure universal representation becomes a national reality,” said New York State Senator Brad Hoylman-Sigal. "Having a lawyer in an immigration hearing can be the difference between life and death. "For non-detained people, 60 percent with lawyers win their cases compared to 17 percent of those without a lawyer. " Passing the Access to Representation Act in Albany and the Fairness to Freedom Act in Washington will be a win-win for our neighbors, our families, and our economy."

"Legal representation and due process are cornerstones of our American democracy—but many immigrants have been systematically excluded from this fundamental right," said Murad Awawdeh, executive director of New York Immigration Coalition (NYIC). "Without access to counsel, many people facing deportation are forced to defend themselves against trained government lawyers, often in a language that is not their own, resulting in people being cruelly ripped from their families and communities. Governor Hochul must ensure that $120 million investment into legal and essential services is maintained and that the Access to Representation Act is included in the final budget to ensure the well-being of immigrant families, communities, and our economy. Building on that momentum, we’re also calling on Congress and President Biden to swiftly pass and sign the Fairness to Freedom Act so that our entire country can finally uphold its essential democratic ideals for all who call it home."

“While having a lawyer beside you is a critical immigrant rights issue, it is also much more than that. We cannot selectively advance our nation’s bedrock values of fairness and due process, which is why we need universal representation to protect the rights and freedoms of every person and community in the United States. In New York, we urge the legislature and governor to continue the state’s leadership and deliver $120 million for legal and social services and enact the Access to Representation Act in the final budget. And on the national level, Congress must build on this momentum to establish the right to federally funded legal representation for every person facing deportation who cannot afford a lawyer on their own,” said Nick Turner, president and director of the Vera Institute of Justice.

“At I-ARC, we are heartened by the introduction of the Fairness to Freedom Act and the transformative impact it could have on immigrants, their families, and communities. We call on Congress to not only swiftly pass the Fairness to Freedom act, but also to fully fund its implementation. Creating a right to counsel without investing in a sustainable infrastructure for the delivery of immigration legal services will exacerbate the burnout and capacity issues currently experienced by overwhelmed and under-resourced immigration legal service providers nationwide. We thank Senator Gillibrand and Congresswoman Meng for once again demonstrating that New York is a leader in the movement to establish universal representation for immigrants in deportation proceedings,” said Camille Mackler, executive director of The Immigrant Advocates Response Collaborative (I-ARC).

“When my family arrived in the United States, we had very little savings and had to focus on finding a place to live and paying bills. The immigration lawyers we initially spoke to charged fees that we could not afford. We were anxious and concerned about what would happen to us. Finally, we were able to receive free legal assistance through Neighbors Link Community Law Practice. In less than a year, the lawyers helped my family receive our long-awaited political asylum. The Fairness to Freedom Act would be so beneficial in helping other families like mine get this important legal assistance,” said Dina Yesenia Huayllani Ochoa, a client of Neighbors Link Community Law Practice.

About the Fairness to Freedom Act of 2023:

The Fairness to Freedom Act of 2023 would establish the universal right to federally funded legal representation for people facing removal who are unable to afford an attorney. The Act would ensure full-scope representation, require the government to facilitate access to counsel for people in its custody, establish the Office of Immigration Representation to oversee the new national system of representation, work with existing state- and locally funded removal defense programs, and ensure access to representation for anyone facing deportation who cannot afford a lawyer on their own.

To learn more about the Fairness to Freedom Act, please see the summary linked here.

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About the Fairness to Freedom Campaign
The Fairness to Freedom: Campaign for Universal Representation was launched by the National Partnership for New Americans and the Vera Institute of Justice in April 2022. Fairness to Freedom is a national campaign supported by a coalition of 125 civil rights groups, immigrant justice organizations, and legal service providers who are calling on Congress to establish a federally funded right to representation for anyone facing deportation. The campaign’s vision is for all people whose life, liberty, or ties to the community are at risk in the immigration system to have access to high-quality, independent legal representation, regardless of their ability to afford it.

About the Campaign for Access, Representation, and Equity (CARE) for Immigrant Families
The Vera Institute of Justice, the New York Immigration Coalition, and Immigrant-ARC lead CARE for Immigrant Families, a coalition of more than 100 leading organizations, religious groups, and elected officials united to pass the Access to Representation Act. The bill (S00999/A00170) will guarantee access to legal representation for immigrants at risk of deportation in New York. Sponsored by Senator Brad Hoylman-Sigal and Assemblymember Catalina Cruz, the legislation would be the first in the nation to create a statewide right to legal representation for people facing deportation who cannot afford it, whether they have recently arrived in the state or have been New Yorkers for decades.

About the Vera Institute of Justice
The Vera Institute of Justice is powered by hundreds of advocates, researchers, and policy experts working to transform the criminal legal and immigration systems until they’re fair for all. Founded in 1961 to advocate for alternatives to money bail in New York City, Vera is now a national organization that partners with impacted communities and government leaders for change. We develop just, antiracist solutions so that money doesn’t determine freedom; fewer people are in jails, prisons, and immigration detention; and everyone is treated with dignity. Vera’s headquarters is in Brooklyn, New York, with offices in Washington, DC, New Orleans, and Los Angeles. For more information, visit vera.org.