Archive: News

Governor Andrew M. Cuomo signed legislation Wednesday to increase protections for immigrant children who have been separated from their families as a result of the Trump Administration's inhumane '"'zero tolerance'"' policy. The legislation will provide parents who have been detained in New York, or are facing deportation from the state, an opportunity to appoint someone of their choosing to step into their shoes and provide emergency care for their child.

"The Trump Administration's heartless treatment of immigrant children violates equal protections and leaves an ugly stain on our country's history," Cuomo said. "By taking action today, these new protections send a message loudly and clearly that New York will never abandon the values that have long sustained and nourished this state and nation, and we will do everything in our power to protect the health and well-being of these innocent children."

"As the humanitarian crisis on our border continues, New York is once again helping families who are suffering at the hands of a hostile federal government," said Lieutenant Governor Kathy Hochul, who attended today's event. "With this legislation, immigrant parents facing possible deportation from New York can choose a guardian who they know and trust to care for their children. With hundreds of children being placed in facilities in New York and struggling with the trauma of being separated from their families, this is an important step forward. We will continue to fight back against the Trump administration's inhumane immigration policies and ensure immigrants' rights and freedoms are protected."

As a result of harmful federal policies and in the event of sudden detention or deportation from New York State, parents whose children reside in New York State are in need of preparedness options to plan for the emergency care and control of their children.

Currently, a parent in New York can only designate a standby guardian for their child in the event of their (i) incapacity, (ii) debilitation and consent, or (iii) death. The bill (A.7899/S.6217), which the Governor signed today, will immediately allow for a standby guardian's authority to kick in when and if a child - documented or undocumented - is separated from a parent. The legislation also grants the court the ability to appoint an attorney for the child to then recommend whether the appointment of a standby guardian is in the best interest of the child.

As authorized under the current General Obligations Law, parental designation forms provide a mechanism for parents to make arrangements in advance and for a caregiver to be designated without going to court. This law allows this arrangement to last for up to six months. The second bill signed by the Governor today, (A.7905/S.6016) immediately amends this law to extend the time period to 12 months in which someone can serve in this capacity.

This latest action builds on the state's comprehensive efforts to challenge the federal government's callous 'zero tolerance' policy and protect immigrant children. The Governor, along with State Attorney General Underwood announced a multistate lawsuit with 18 other states to challenge the policy. Following Governor Cuomo's pledge on June 19 to file the suit, New York joined the multistate lawsuit which was filed by the Attorneys General of Washington, Massachusetts, California, Maryland, Oregon, New Mexico, Pennsylvania, New Jersey, Iowa, Illinois, Minnesota, Rhode Island, Virginia, Vermont, North Carolina, Delaware and the District of Columbia.

v14i25