For more than one hundred and fifty years, immigrants have come to New York State to pursue their dreams. Their successes and their contributions are the building blocks of our great Empire State and can be found from metropolitan New York to Buffalo, from the Southern Tier to the Canadian border.

We, the members of the New York State Assembly – "The People’s House" in New York’s state legislature – are proud and deeply inspired by our immigrant heritage, and value above all else the idea that diversity is our greatest strength.

But it was the perseverance of our immigrant forebears, the hardships they endured and the sacrifices they made, that steels our resolve to lower all barriers that prevent New Americans from the better life they seek here in New York State.

This year, Assemblyman Adriano Espaillat, the Chairman of the Assembly Task Force on New Americans, is leading our fight to expand health care coverage and fund educational programs, such as "English Language Learners" and "English as a Second Language" programs that are vital to the well-being of immigrant communities today.

Speaking for Assemblyman Espaillat and for all of our colleagues, let me assure you that your New York State Assembly is firmly committed to ensuring that you and all New Yorkers receive access to the health care and education you need, as well as the equity and justice you deserve from a government that respects its immigrant origins.

As Chair of the New York State Assembly Task Force on New Americans, I am pleased to submit to you our 2001 Annual Report. This legislative session, the Task Force successfully addressed many critical and important issues impacting New Americans throughout New York such as health care access, education reform and increased legal services for poor and low-income immigrants.

During the 2000-2001 session, the Task Force was instrumental in introducing legislation to provide additional benefits to immigrants in New York, while at the same time actively disseminating information regarding recent changes in immigration laws, and acting as a liaison with the federal government to seek changes to such laws. In addition, we solicited input from community experts and other concerned parties in order to gain a better understanding of the issues that affect newcomers.

On behalf of the Task Force, I would like to thank the community-based organizations, faith-based groups, immigration advocates and labor groups who worked alongside the Task Force to help us achieve our goals this year. Your tireless efforts to ensure that today’s immigrants have the same opportunity for a better life as past generations are deeply appreciated.

Adriano Espaillat, Task Force Chair, addresses the participants of Immigration Day on the steps of the state Capitol.

Hundreds of immigrants took part in Immigration Day on the steps of the state Capitol in mid-April. They advocated for health care and education reform, for better English as a Second Language programs, and for increased funding for legal assistance.

The event, organized by the New York State Immigration Coalition and co-sponsored by the Task Force, included appearances by Speaker Sheldon Silver (D-Manhattan) and Assemblymembers Jeffrey Klein (D-Bronx), Rhoda Jacobs (D-Brooklyn), José Rivera (D-Bronx) and Richard Gottfried (D-Manhattan), among others.

The participants delivered a strong message to their legislators by reminding them that immigrants make up more than one-third of state residents, pay an estimated $19 billion annually in state taxes, and thus play an important role in our cities. The state has a responsibility to ensure that they receive fair treatment in all roles in our community.

During the 14th Annual Puerto Rican/Hispanic Task Force "Somos el Futuro" Conference, members of the New York City Central Labor Council’s Committee on the Dignity of Immigrants joined hundreds of participants in asking for an extension of section 245(i) of the Immigration and Nationality Act and seeking immigration law reform. José Peralta, speaking on behalf of the Council’s Executive Director, Assemblymember Brian McLaughlin, said: "Educating people on the technicalities of 245(i), and the things that they should know is important so that they can advise their friends, family members and peers on the issue."

Alexandra Ventura of Governor Pataki’s Immigration Unit, Mark Lewis, representing the New York Immigration Coalition, Assemblyman Adriano Espaillat, and José Peralta, Executive Director, Committee for the Dignity of Immigrants, New York City Central Labor Council at the 2001 Puerto Rican/Hispanic Task Force "Somos el Futuro" Conference.

This year thousands of New York immigrants were affected by the opportunity to take advantage of an extension of section 245(i) of the Immigration and Nationality Act. This extension was part of an immigration law package enacted last December known as the Legal Immigration and Family Equity Act (LIFE Act). This provision made thousands of immigrants eligible to apply for residency without having to leave the country, provided that certain requirements were met, and thus avoid certain penalties imposed by immigration laws.

However, the small window of time allowed for filing the necessary papers, and the lack of information available to immigrants who were interested in exercising this option, caused widespread confusion. The Task Force conducted an extensive education campaign by distributing informative brochures to hundreds of community organizations on the do’s and don’ts of 245(i). In addition, the Task Force introduced and the Assembly adopted on March 26, 2001 the following Resolution calling for a one-year extension of 245(i).

WHEREAS, The social, cultural and economic vitality of this State has for many generations been and continues to be enriched by the contributions of those who have emigrated to the United States of America from all parts of the world; and

WHEREAS, On December 21, 2000 the Congress of the United States enacted the Legal Immigration Family Equity Act (popularly known as the “LIFE Act”) which temporarily restored section 245(i) of the Immigration and Nationality Act to allow certain immigrants with close family relationships and immigrants who have employers willing to sponsor them to apply for permanent residency without having to leave the country, and thus avoid certain penalties imposed by the immigration laws; and WHEREAS, While the deadline to apply for permanent residency in the United States pursuant to this extension of section 245(i) is set for April 30, 2001, the Attorney General has not as of yet issued implementing regulations and may not do so until after the deadline; and

WHEREAS, Information disseminated on the restoration of section 245(i) has been untimely and insufficient, causing widespread confusion among undocumented immigrants regarding their eligibility for residency; as a result, many may fail to avail themselves of this benefit by the April 30, 2001 deadline; and

WHEREAS, It is the sense of community organizations which are working with immigrants, labor union leaders, the Governor of the State of New York and this Assembled Body that an extension on the deadline is needed in order to reach the estimated one million people who are eligible to take advantage of this new law nationwide; now, therefore, be it

RESOLVED, That this Legislative Body pause in its deliberations to urge the Congress of the United States of America to grant a one-year extension of section 1502 of the LIFE Act making section 245(i) of the Immigration and Nationality Act available until April 30, 2002; and be it further

RESOLVED, That copies of this Resolution, suitably engrossed, be transmitted to the Senate of the United States and the House of Representatives in the Congress of the United States.

The House of Representatives passed bill H.R. 1885 in May, extending section 245(i) for an additional year in an effort to give eligible immigrants an opportunity to benefit from this law. The Senate passed the bill with an amendment, and returned it to the House of Representatives for consideration of the amendment on September 10, 2001. Due to the events of September 11, 2001, no further action has been taken on this bill. However, President George W. Bush has indicated that he will sign the bill if Congress can reach an agreement.

In 1996, Medicaid coverage had been dropped as part of federal and state welfare reforms, except for emergency care and services for pregnant women. This action caused severe hardships for immigrants and their families, and placed a significant burden upon the health care system. The Assembly Majority, including the Task Force on New Americans, has been in the forefront in advocating provision of vital health care services for hard-working, legal immigrants.

This spring, Assemblymember Perry introduced and Assemblymember Espaillat co-sponsored bill A.7774 to restore Medicaid coverage to indigent legal immigrants and also provide them health care benefits through the state-sponsored Family Health Plus and Child Health Plus. On June 5th of this year, the New York Court of Appeals ruled in the case of Aleissa v. Novello that the State cannot deny Medicaid benefits to poor legal immigrants who arrived in the United States after August 22, 1996. As a result of this decision, an estimated 100,000 legal immigrants will now be eligible for Medicaid benefits. This fall, the Governor, through an administrative action, extended state Family Health Plus and Child Health Plus to eligible, legal immigrants.

The U.S. Court of Appeals in the case of Lewis v. Grinker (May 22, 2001) for the Second Circuit concluded that the federal government is not required to pay for Medicaid-sponsored prenatal care for illegal immigrants. According to the State Health Department, an estimated 13,000 immigrant women will no longer be eligible to receive vital prenatal care. To remedy this situation, Assemblymember Gottfried sponsored bill A.8953, also co-sponsored by Assemblyman Espaillat. This bill would ensure women receive prenatal care regardless of their immigration status. It passed the Assembly on June 25, 2001, but has not been acted upon by the New York State Senate.

An on-going internal armed conflict in Colombia has forced thousands of its nationals to seek refuge in the United States, primarily in New York State. The Assembly adopted a resolution in July, introduced by member Adriano Espaillat, calling upon the President of the United States to designate Colombia as a country whose nationals require Temporary Protected Status. If granted, Temporary Protected Status would allow Colombian nationals living in the United States to stay and work in this country until the conflict ceases or no longer poses a serious threat to their personal safety.

In addition to the issue of immigrant health care, this legislative session, the Task Force and other members of the Assembly introduced several bills to address a myriad of immigrant issues. The following is a list of pending legislation and their current status.

English Language Learners (ELL) in New York State

The Task Force on New Americans, in cooperation with the Assembly Standing Committees on Education and Higher Education and the Puerto Rican/Hispanic Task Force, sponsored a hearing in early June to address the problems faced by English Language Learners in the state. In particular, the organizers sought to find the reasons behind the alarming increase of high school drop-outs among immigrants.

"The link between the increased dropout rate for [English Language Learners] and the imposition of the English Regents Exam has been made explicit by the New York City Board of Education....Whenever standards are raised without the necessary academic and social supports, graduation rates tend to decline and dropout rates increase," said Sandra del Valle, an attorney with the Puerto Rican Legal Defense and Education Fund.

"The Regents exams have an unfair impact on English Language Learners. Many foreign-born students demonstrate excellent academic achievement in our schools. Passing the English Regents exam after a year or two in this country can prove insurmountable," said Arthur R. Greenberg, professor of education administration at New York University’s School of Education.

Recommendations

In October, the Assembly Majority was successful in restoring $11.2 million in Bilingual Education Aid not included in the Governor’s proposed budget, as well as providing an additional $2 million in funds to expand the English as a Second Language (ESL) Program for persons on public assistance. ELL programs are also eligible to be funded out of a $2.5 million appropriation for refugee resettlement services and another $1.5 million in ESL funding for persons at or under 200% of the poverty level.

Assemblyman Adriano Espaillat witnesses signing of a memorandum of understanding between the New York State Education Department, represented by Carmen Perez Hogan, Director of Bilingual Education, NYSSED, and Dr. Milagros Ortiz-Bosch, Vice-President of the Dominican Republic, and its Secretary of Education. The memorandum of understanding will assist English Language Learners.

Access to Affordable, Quality Civil Legal Services for New York’s Poor and Low-Income Immigrants

On June 14, 2001, Assemblymembers Adriano Espaillat, Chair, Task Force on New Americans; Helene E. Weinstein, Chair, Judiciary Committee; and, Joseph R. Lentol, Chair, Codes Committee, held a public hearing in New York City on access to affordable, quality civil legal services for New York’s poor and low-income immigrants. Testimony showed that there are insufficient services to provide adequate representation to all immigrants in need of legal assistance. This is due to decreasing federal funding and stricter eligibility requirements placed on the use of the remaining grants.

"Sadly, we are only able to meet the needs of a fraction of the needy immigrants who seek our help. To bridge the gap, we frequently work with community-based organizations to give them the legal tools and support they need to be effective advocates, but these stop-gap measures do not substitute for direct, comprehensive legal representation for immigrants," said Jennifer Baum, Staff Attorney with the Legal Aid Society’s Civil Appeals and Law Reform Unit.

Recommendations

The Task Force on New Americans is working hard to secure funding from amounts made available for not-for-profit organizations in the SFY 2001-2002 budget to provide immigration-related legal services across the state.

Though I am optimistic about the future of New York immigrants, there remains much work to do to make the state more hospitable to New Americans. First, we must continue to insist that our children receive a quality education, and that testing is appropriate to them and does not unduly detain their academic progress.

Second, we need to make sure that adequate legal services are in place so that New Americans are aware of their rights, and make sure all lawyers who represent immigrants are updated on the latest immigration laws.

Finally, we must continue to work for adequate prenatal care for all New Americans so that no child is exposed to preventable health risks.

I strongly urge you to contact the Task Force or your local legislator to show support on the issues that are important to you. I can be reached by the following means:

Assemblyman Adriano Espaillat
Room 652
Legislative Office Building
Albany, NY 12248
(518) 455-5807
espaila@assembly.state.ny.us