Chief judge: Lawyers have ‘ethical obligation’ to aid immigrants

Note: This story by Robert Gavin appeared in Tuesday’s edition of the Times Union.

Chief Judge Janet DiFiore is “fascinated” at the idea of a medium claims court.

Westchester County District Attorney Janet DiFiore speaks during a Senate judiciary hearing on her nomination as chief judge of the New York Court of Appeals at the Capitol on Wednesday, Jan. 20, 2016, in Albany, N.Y. (AP Photo/Mike Groll)

She is dismayed at the lack of legal representation for immigrants in light of the policies of President Donald Trump – and called on attorneys to aid their plight.

The judge made both points crystal clear Monday at a hearing at the Court of Appeals on the issue of providing civil legal services for the poor, which include immigrants. 

“With the heightened focus on immigration, there are many thousands of individuals being held and facing deportation without the assistance of counsel,” DiFiore said. “Members of our profession have a moral and ethical obligation to respond to this growing crisis and to find ways to provide effective assistance of counsel to this very vulnerable population.”

Immigrants’ issues were a major focus of testimony of the first witness, Sandi Toll, first assistant counsel to Gov. Andrew Cuomo. She said in light of shifting priorities and “values of the current federal administration”  toward immigrants that there is a very big threat to the thousands of New Yorkers.

Trump, who calls for a wall between America and Mexico, has created uncertainty over the future of the Deferred Action for Childhood Arrivals, an Obama era program which provides legal status to 800,000 immigrants brought to the U.S. as children.

Uncertainty over civil legal services for the poor also is an issue because the services are partly funded by the Legal Services Corporation, a federal entity facing budget cuts.

Increasing the services was the signature issue of DiFiore’s predecessor, Jonathan Lippman, who began allocating $100 million in state funds for it and DiFiore is continuing to devote attention and resources. DiFiore, appointed to her position by Cuomo in 2016, noted that since 2010, civil legal services in New York have increased from 20 percent to 37 percent.

Still , she said, legal providers are turning away more people than they can serve.

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Matthew Hamilton