[ THEME MUSIC ] >> WELCOME TO THIS WEEK'S EDITION OF "NEW YORK NOW."

I'M SHANTEL DESTRA.

THIS WEEK AT THE STATE CAPITOL, GOVERNOR KATHY HOCHUL UNVEILED HER FISCAL YEAR '26 EXECUTIVE BUDGET PROPOSAL.

NOW THE PROPOSAL COMES OUT TO ABOUT $252 BILLION AND PLACES A BIG EMPHASIS ON AFFORDABILITY.

>> MANY FAMILIES DO CONTINUE TO STRUGGLE.

NATIONWIDE INFLATION, THE RISING COST OF THE GROCERY STORE, EVERY MONTH, WORKING NEW YORKERS HAVING TO FACE DIFFICULT, DIFFICULT CHOICES AND HOW TO STRETCH ALL THEIR DOLLARS.

THAT'S WHY THIS BUDGET IS LASER FOCUSED ON PUTTING MONEY BACK IN NEW YORKER'S POCKETS.

THIS WILL BE A $252 BILLION BUDGET FUNDED BY REVENUE THAT IS UP NEARLY 8%.

IMPORTANTLY, WE MAINTAIN OUR RESERVE OF HISTORIC HIGHS OF MORE THAN $21 BILLION.

>> SOME OF THE HIGHLIGHTS OF THE BUDGET INCLUDE MONEY FOR FAMILIES.

THE GOVERNOR SAYS THAT SHE WANTS TO PUT MONEY BACK INTO THE POCKETS OF NEW YORKERS BY WAY OF INFLATION REDUCTION CHECKS, A CHILD CARE TAX CREDIT AND MIDDLE CLASS TAX CUTS.

THE OTHER BIG TICKET ITEM IN THE BUDGET INCLUDE FUNDING FOR UPDATING THE STATE'S FOUNDATION AID FORMULA, THE CONTROVERSIAL CELL PHONE BANS IN SCHOOLS AND UNIVERSAL SCHOOL MEALS.

NOW ALL OF THIS WILL BE DONE WITHOUT RAISING TAXES FOR NEW YORKERS ACCORDING TO THE GOVERNOR'S OFFICE.

IN THIS NEXT SEGMENT, WE UNPACK THE HIGHLIGHTS OF THE GOVERNOR'S EXECUTIVE BUDGET PROPOSAL AND THE RECEPTION FROM STAKEHOLDERS.

HERE'S THAT STORY.

[ THEME MUSIC ] GOVERNOR KATHY HOCHUL UNVEILED HER HIGHLY ANTICIPATED EXECUTIVE BUDGET PROPOSAL THE STATE CAPITOL ON TUESDAY WITH A LARGE FOCUS ON AFFORDABILITY.

THE FISCAL YEAR '26 EXECUTIVE BUDGET COMES OUT TO $252 BILLION, WHICH IS ABOUT 10 BILLION MORE THAN LAST YEAR'S ENACTED BUDGET.

THE BUDGET PUTS AN EMPHASIS ON PUTTING MONEY BACK INTO THE POCKETS OF NEW YORKERS, PROTECTING THEIR SAFETIES AND PROTECTING THE OVERALL HEALTH OF THE STATE.

ALL WITHOUT RAISING TAXES ACCORDING TO THE GOVERNOR'S OFFICE.

THE PROPOSAL COMES JUST ONE WEEK AFTER HOCHUL'S STATE OF THE STATE ADDRESS.

IN THAT MESSAGE, HOCHUL PROVIDED A GLIMPSE INTO HER DREAMS OF STATE FUNDING THIS YEAR, AND THE EXECUTIVE BUDGET PROPOSAL PUTS DOLLARS BEHIND THOSE DREAMS.

>> A BUDGET IS MUCH MORE THAN NUMBERS.

IT TELLS A STORY OF WHO WE ARE, WHAT WE VALUE, AND WHO WE'RE FIGHTING FOR.

NEW YORK IS A COMPLEX STATE.

WE HAVE GREAT WEALTH AND GREAT NEED, AND OUR CHALLENGE IS TO FOSTER AN ENVIRONMENT WHERE SUCCESS THRIVES WHILE MAKING THOSE WHO FEEL LEFT BEHIND SO THEY CAN STILL SEE A PATH FORWARD.

>> TO START OUT, GOVERNOR KATHY HOCHUL SAID SHE WANTED TO HELP NEW YORKERS FINANCIALLY GIVEN THE RISING COST OF INFLATION.

THE PROPOSAL INCLUDES FUNDING FOR INFLATION REFUND CHECKS, MIDDLE CLASS TAX CUTS AND EXPANDING THE CHILD TAX CREDIT.

IT ALSO INCLUDED FUNDING FOR UNIVERSAL SCHOOL MEALS AND AN EFFORT TO FULLY REPEAL THE STATE'S AND LOCAL TAX DEDUCTION ON THE FEDERAL LEVEL.

>> THIS PUTS NEARLY $5,000 BACK IN THE POCKETS OF MANY NEW YORK FAMILIES.

THAT'S HOW YOU ANSWER DR. KING'S QUESTION.

THAT'S HOW YOU MAKE A DIFFERENCE.

>> NOT EVERYONE WAS A FAN OF THE GOVERNOR'S PROPOSAL.

AMONG CRITICS OF THE GOVERNOR'S PLAN WERE REPUBLICAN LAWMAKERS.

AS A MEDIA BRIEFING WITH PRESS, SENATE REPUBLICAN LEADER ROB ORTT BLASTED THE GOVERNOR AND DEMOCRATS FOR WHAT THE CONFERENCE CALLS UNNECESSARY AND FRIVOLOUS SPENDING THROUGH THE YEARS.

>> AND THIS NON SENSE ABOUT AFFORDABILITY THAT WE CAN SPEND OUR WAY TO AFFORDABILITY, I'M SORRY, IT'S JUST NOT A PLAUSIBLE POLICY SOLUTION.

WE NEED TO DO OTHER THINGS.

WE NEED TO CUT COSTS FOR NEW YORKERS IN EVERY WAY WE CAN.

AND THIS BUDGET, FROM WHAT I CAN TELL, IS NOT GOING TO DO THAT.

>> WHEN ASKED ABOUT THE WAY THE GOVERNOR AND DEMOCRATS SHOULD BE LOOKING AT AFFORDABILITY, ORTT SAID THAT THEY SHOULD BE CONSIDERING ACTION SOONER RATHER THAN LATER TO MAXIMIZE EFFECTIVENESS.

>> DON'T DO IT OVER TWO YEARS.

DO IT NOW.

PHASE IT IN IMMEDIATELY, BOLD, BIGGER, IMMEDIATE.

GET A SHOCK FOR THESE FOLKS WHO NEED REAL RELIEF OR AT LEAST THE NOTION THAT THERE'S REAL RELIEF COMING.

YOU KNOW, IF IT'S JUST THIS LITTLE BIT, YOU CAN TALK ABOUT IT AS BIG AS YOU WANT, BUT NO ONE REALLY SEES THAT AND THAT'S WHAT WE NEED.

WE'RE PASSED CUTTING AROUND THE CORNERS WHEN WE TALK ABOUT RETURNING PEOPLE'S MONEY TO THEM.

>> AS PART OF HER EXECUTIVE BUDGET, GOVERNOR HOCHUL PROPOSED EXTENDING THE TOP TAX RATES ON HIGH EARNERS IN NEW YORK STATE.

AT AN UNRELATED PRESS CONFERENCE BEFORE THE ANNOUNCEMENT, STATE SENATE FINANCE CHAIR, LIZ KRUEGER, AFFIRMED HER SUPPORT OF THIS MEASURE.

>> YES.

I ALSO SUPPORT THE GOVERNOR IN NOT ALLOWING THAT TAX FORMULA TO SUNSET.

I ACTUALLY THINK MOST PEOPLE WHO ARE PAYING IT SORT OF KNEW IT WASN'T GOING TO SUNSET ANYWAY.

SO THIS IS THE GOVERNOR CONFIRMING WE'RE NOT PLANNING ON SUNSETTING.

I SUSPECT ANY PROPOSALS FOR NEW TAXES OR CHANGES IN TAX IS ALL A PART OF A MIX OF WHAT HAPPENS IN BUDGET NEGOTIATIONS IN ORDER TO ACCOMPLISH THE MUCH BROADER GOALS OF, DO WE HAVE ADEQUATE REVENUE TO COVER THE CRITICAL ISSUES FOR NEW YORKERS?

AND I'M GOING TO LEAP TO THE ASSUMPTION THAT MY LEADER DOESN'T THINK WE KNOW ANY OF THAT YET.

>> AND THIS YEAR, GOVERNOR HOCHUL PROPOSED FULLY FUNDING AN UPDATED AID FORMULA.

>> WE WILL REPLACE A 20 YEAR OLD POVERTY METRICS DATA WITH CURRENT CENSUS DATA TO MORE ACCURATELY DETERMINE STUDENT NEED.

THIS WILL ENSURE THAT STATE DOLLARS GO TO THE STUDENTS WHO NEED THEM THE MOST.

>> ON HIGHER EDUCATION, THE GOVERNOR PROPOSED $2 BILLION IN NEW FUNDING FOR CAPITAL PROJECTS AT BOTH SUNY AND CUNY.

THE GOVERNOR ALSO PROPOSED FREE COMMUNITY COLLEGE FOR ADULTS BETWEEN THE AGE OF 25 AND 55.

LAST YEAR'S STATE BUDGET SAW THE GOVERNOR AND LEGISLATURE AT ODDS OVER HOW TO ADDRESS THE FINANCIAL ISSUES PLAGUING SUNY DOWNSTATE IN NEW YORK CITY.

THIS YEAR, GOVERNOR HOCHUL PLEDGED $100 MILLION TO SUPPORT THE HOSPITAL, BRINGING THE TOTAL INVESTMENT TO $200 MILLION.

A MOVE LARGELY PRAISED BY SUNY CHANCELLOR JOHN KING IN AN INTERVIEW WITH "NEW YORK NOW."

>> YOU KNOW, WHEN WE STARTED THIS CONVERSATION A YEAR AGO, DOWNSTATE WAS FACING $100 MILLION A YEAR ANNUAL DEFICIT, WAS POISED TO RUN OUT OF CASH BY SUMMER OF '24, AND HAD A BUILDING IN TERRIBLE DISREPAIR AND NO PLAN FOR IMPROVEMENTS.

WE SIT HERE TODAY IN A VASTLY DIFFERENT POSITION BECAUSE OF THE GOVERNOR'S LEADERSHIP.

>> THE CHANCELLOR ALSO WENT ON TO EXPRESS GRATITUDE FOR THE CAPITOL INVESTMENT FOR SUNY IN THE PLAN WHILE SAYING THERE SHOULD BE ROOM TO OPEN THE CONVERSATION ON EVEN MORE FUNDING THE SUNY BOARD OF TRUSTEE HAS PROPOSED A $10.7 BILLION CAPITOL PLAN OVER A FIVE YEAR PERIOD.

>> LOOK, WE'RE VERY APPRECIATIVE OF THE INVESTMENT THIS YEAR.

AND WE ARE GOING TO CONTINUE TO MAKE THE CASE THAT WHAT WE NEED AS A STATE IS A FIVE YEAR CAPITAL PLAN FOR SUNY.

>> THE GOVERNOR ALSO PROPOSED BANNING CELL PHONES IN SCHOOLS A MEASURE THAT HAS BEEN AT THE CENTER OF CONTROVERSIES OVER SEVERAL MONTHS.

UNDER THE GOVERNOR'S $13.5 MILLION PROPOSAL, THE CELL PHONE BAN WOULD APPLY DURING SCHOOL HOURS AND WOULD BE LEFT UP TO SCHOOL DISTRICTS TO FIGURE OUT ENFORCEMENT.

>> WE'RE NOT DEVELOPING THE SKILLS WE NEED BECAUSE KIDS ARE DISTRACTED WITH THE CELL PHONES AND HOW HARD IT IS FOR OUR TEACHERS TRYING TO TEACH ALGEBRA, GEOGRAPHY.

AND THEY'RE COMPETING WITH VIRAL DANCES AND MESSAGES FROM THEIR FRIENDS AND SOMETIMES THREATS, BULLYING.

HOW DO YOU PAY ATTENTION TO THE SUBJECT AT HAND WHEN THIS IS GOING ON?

IT DIDN'T HAPPEN WHEN WE WERE YOUNGER.

>> WHEN ASKED ABOUT THE CELL PHONE BAN AT AN UNRELATED PRESS CONFERENCE, SENATE MAJORITY LEADER ANDREA STEWART COUSINS TOLD REPORTERS THERE WOULD BE A ROBUST CONVERSATION BETWEEN LEADERS REGARDING THIS PROPOSAL.

>> THERE ARE SOME SCHOOLS THAT ARE ALREADY WORKING WITH DIFFERENT SCENARIOS ABOUT THE CELL PHONES AND HOW THEY ARE STORED.

IT'S NOT LIKE IT'S BEING DONE.

I HAVE A YOUTH ADVISORY COUNCIL AND I HAVE A LOT OF KIDS WHO ARE PRACTICING THAT.

I DON'T KNOW BUT I KNOW THIS WILL BE A CONVERSATION WHETHER OR NOT, IF WE WERE TO DO THIS, WOULD THIS BE ENOUGH?

BUT I WOULD IMAGINE THAT THIS NUMBER CAME FROM, YOU KNOW, THE EXPERIENCE OF, WHAT MANY SCHOOLS HAVE ALREADY DONE.

>> ACCORDING TO THE GOVERNOR'S OFFICE, THE EXECUTIVE BUDGET IS LARGELY FUNDED BY REVENUE WHICH IS UP NEARLY 8% AND THE STATE HAS ADEQUATE FUNDS IN RESERVES.

>> IMPORTANTLY WE HAVE MAINTAINED RESERVES AT A HISTORIC HIGHS OF MORE THAN $21 BILLION WE'RE INVESTING MORE IN NEW YORKERS BECAUSE WE HAVE MORE RESOURCES TO DO SO, AND WE'RE DOING IT RESPONSIBLY.

>> WHILE THIS IS A POSITIVE, GOOD GOVERNMENT GROUPS ARE ENCOUNRAGING THE GOVERNOR AND THE LEGISLATURE TO CONSIDER THE OUT YEAR BUDGET CAPS OVER THE NEXT FEW YEARS TO KEEP THE STATE IN GOOD FINANCIAL STANDING.

>> RIGHT NOW THERE'S STILL THIS GLUT OF CASH FROM THE ECONOMY PERFORMING BETTER THAN EXPECTED OVER THE LAST FEW YEARS, ESPECIALLY.

SO THERE IS A LOT TO BE SPENT RIGHT NOW.

BUT WHEN WE LOOK OVER A LONGER TIME FRAME, THERE'S STILL MULTI BILLION DOLLAR BUDGET GAPS AS BIG AS $11 BILLION.

THE CONCERN IS REALLY ABOUT THE DECISIONS THAT WE'RE MAKING NOW WITH THE MONEY THAT IS AVAILABLE AND WHAT LONG TERM IMPLICATIONS AND FRANKLY THEY PUT THE FINANCIAL PLAN IN A RISKIER POSITION.

>> WITH THE RELEASE OF THE GOVERNOR'S EXECUTIVE BUDGET, THE EXECUTIVE AND LEGISLATIVE LEADERS WILL HEAD INTO NEGOTIATIONS FOR THE NEXT SEVERAL WEEKS.

THE HOPE IS TO COME TO AN AGREEMENT TO MEET THE APRIL 1ST DEADLINE TO START THE NEW FISCAL YEAR.

AND FOR MORE INFORMATION ON THE EXECUTIVE BUDGET PROPOSAL AND NEGOTIATIONS AHEAD, YOU CAN VISIT OUR WEBSITE.

THAT'S AT NYNOW.ORG.

NOW TURNING TO THE NATIONAL HEADLINES.

AT THE TOP OF THE WEEK, THE NATION SAW THE SECOND INAGUATION OF DONALD TRUMP.

>> FROM THIS DAY FORWARD, OUR COUNTRY WILL FLOURISH AND BE RESPECTED AGAIN ALL OVER THE WORLD.

WE WILL BE THE ENVY OF EVERY NATION, AND WE WILL NOT ALLOW OURSELVES TO BE TAKEN ADVANTAGE OF ANY LONGER.

DURING EVERY SINGLE DAY OF THE TRUMP ADMINISTRATION, I WILL VERY SIMPLY PUT AMERICA FIRST.

>> AFTER THE INAUGURATION, THE PRESIDENT HIT THE GROUND RUNNING, SIGNING SEVERAL EXECUTIVE ORDERS, SOME OF WHICH DEALING WITH IMMIGRATION.

THE PRESIDENT HAS SIGNALED THAT IMMIGRATION WILL BE ONE OF HIS KEY PRIORITIES WHILE IN OFFICE.

TRUMP SIGNED AN EXECUTIVE ORDER OUTLAWING BIRTHRIGHT CITIZENSHIP.

THIS MOVE LED TO OUTRAGE BY ELECTED OFFICIALS AROUND THE COUNTRY AND HERE IN NEW YORK.

GOVERNOR KATHY HOCHEL AND ATTORNEY GENERAL LETITIA JAMES BOTH RELEASED STATEMENTS CONDEMNING THE MOVE BY THE PRESIDENT.

NEW YORK IS ONE OF 22 STATES ATTEMPTING TO BLOCK THE MEASURE, AND ON THURSDAY, A FEDERAL JUDGE ISSUED AN ORDER TO TENTATIVELY BLOCK THE PRESIDENT'S EXECUTIVE ORDER.

GIVEN ALL OF THESE RECENT EVENTS, WE WANTED TO TAKE A LOOK AT THE STATE'S APPROACH TO IMMIGRATION REFORM UNDER THE NEW FEDERAL ADMINISTRATION.

HERE'S THAT STORY FROM OUR ELISE KLEIN.

>> ANOTHER TRUMP ADMINISTRATION TAKING ON THE WHITE HOUSE HAS LEFT MANY INDIVIDUALS AND FAMILIES IN NEW YORK FEELING ANXIOUS.

TRUMP'S PLANS TO INSTIGATE MASS DEPORTATIONS HAVE LEFT LAWMAKERS WITH A SENSE OF URGENCY TO PASS STATE IMMIGRATION REFORM POLICY.

IN AN IMMIGRATION REFORM PACKAGE OF BILLS LAWMAKERS ARE PUSHING FOR THIS SESSION INCLUDING THE NEW YORK FOR ALL ACT, THE CLEMENCY ACT, THE LANGUAGE ACCESS EXPANSION ACT, THE DIGNITY NOT DETENTION ACT, AND THE ACCESS TO LEGAL REPRESENTATION ACT.

THESE BILLS WOULD PROHIBIT THE DISCOVERY AND DISCLOSURE OF IMMIGRATION STATUS VIA STATE AND LOCAL RESOURCES, MAKE IMPROVEMENTS TO CLEMENCY APPLICATIONS, AND ESTABLISH THE RIGHT TO LEGAL COUNSEL IN IMMIGRATION COURT.

ASSEMBLY MEMBER JESSICA GONZALEZ ROJAS, A DEMOCRAT REPRESENTING QUEENS, SAYS THESE BILLS ARE IMPORTANT TO PASS BECAUSE WE ARE FACING A CRITICAL TIME WHERE NEW YORK IMMIGRANT COMMUNITIES ARE DEEPLY VULNERABLE.

>> NEW YORK MUST STAND UP FOR IMMIGRANT POPULATIONS.

WE MAKE UP OVER FOUR AND A HALF MILLION PEOPLE IN THE STATE.

WE CONTRIBUTE GREATLY TO ITS ECONOMY.

WE MAKE UP A MAJORITY OF THE ESSENTIAL WORKERS IN THE STATE, WE HAVE OUR SMALL BUSINESSES.

I'M THE DAUGHTER OF AN IMMIGRANT SO IT'S VERY PERSONAL TO ME AND WE HAVE TO MAKE SURE THAT WE ARE PROTECTING THOSE WHO HAVE COME TO NEW YORK TO BUILD A BETTER LIFE.

>> ADVOCATE MARYAM KHALDI WITH THE ARAB AMERICAN ASSOCIATION OF NEW YORK SAYS IMMIGRANT COMMUNITIES ARE TERRIFIED.

>> THE CONSTANT THREAT OF RAIDS HAS BEEN NONSTOP ON OUR COMMUNITIES AND IT HAS GOTTEN TO A POINT WHERE WE ARE RECEIVING WORD FROM COMMUNITY MEMBERS AND CLIENTS WHO HAVE IMMEDIATELY STOPPED WORKING, THEY STOPPED ATTENDING SCHOOL, THEY ARE SCARED TO LIVE THEIR DAY TO DAY LIVES GO GROCERY SHOPPING BECAUSE THEY'RE AFRAID OF BEING STOPPED BY LOCAL LAW ENFORCEMENT.

>> GONZALEZ ROJAS STRESSES THAT PREVENTING STATE AND LOCAL OFFICIALS FROM QUESTIONING INDIVIDUALS ABOUT THEIR IMMIGRATION STATUS THROUGH THE NEW YORK FOR ALL ACT WOULD IMPROVE PUBLIC SAFETY.

>> IT ALSO MEANS THAT IMMIGRANTS IF THEY ARE VICTIMS OF A CRIME THAT THEY'RE NOT FEARFUL OF CALLING THE AUTHORITIES TO REPORT A CRIME, IT ACTUALLY KEEPS OUR WHOLE COMMUNITIES SAFE.

>> HOWEVER, SOME REPUBLICANS ACROSS THE AISLE ARGUE THE LEGISLATURE SHOULD BE MORE WORRIED ABOUT NEW YORKERS.

STATE SENATOR STEVE CHAN, REPRESENTING BROOKLYN, RAISES CONCERNS OF IMMIGRANTS WHO COMMIT CRIMES BEING PROTECTED.

>> WE HAVE ENOUGH CRIMINALS HERE, WE HAVE ENOUGH MURDERERS AND RAPISTS.

WE DON'T NEED TO IMPORT SOME MORE.

WE DON'T NEED TO HARBOR THEM AND PROTECT THEM.

LET'S GET THEM OUT OF HERE.

>> CHAN SAYS WHEN HE WORKED AS A POLICE OFFICER VICTIMS OF CRIMES WHO DIDN'T HAVE CITIZENSHIP WERE TREATED WITH KINDNESS.

HE ADDED IF AN INDIVIDUAL WITHOUT CITIZENSHIP COMMITS A CRIME THEN THEY SHOULD BE TURNED OVER TO ICE.

OTHER REPUBLICANS, LIKE SENATOR MARK WALCZYK, WHO REPRESENTS WATERTOWN, FEAR THIS BILL SKIRTS AROUND FEDERAL IMMIGRATION LAWS.

>> I THINK TO THE DEMOCRATS THAT ARE SAYING WE NEED TO TRUMP PROOF NEW YORK AND NOT COMPLY WITH FEDERAL LAW, I THINK THERE'S GOING TO BE BIG PROBLEMS.

I THINK WE NEED TO DO OUR JOB AS NEW YORK STATE LEGISLATORS.

>> SENATOR JESSICA RAMOS, A DEMOCRAT REPRESENTING QUEENS, ARGUES THIS BILL ISN'T ABOUT CHANGING PROCEDURES THAT ALREADY TAKE PLACE SUCH AS LOCAL LAW ENFORCEMENT COOPERATING WITH ICE WHEN NECESSARY IT'S ABOUT GIVING IMMIGRANT COMMUNITIES A CHANCE FOR DUE PROCESS.

>> PERHAPS THIS IS WHERE THERE'S THE DISCONNECT.

WE BELIEVE IN UPHOLDING A HUMAN BEING'S RIGHT TO DUE PROCESS AND WE DON'T WANT FAMILIES TO BE SEPARATED PURELY ON ACCUSATIONS.

WE WANT TO MAKE SURE THAT THERE'S A FAIR TRIAL, WE WANT TO MAKE SURE THAT THERE'S A PREPONDERANCE OF EVIDENCE BEFORE THOSE EXTREME ACTIONS TAKE PLACE.

>> SOME ADVOCATES SAY OTHER BILLS WITHIN THE PACKAGE SUCH AS THE DIGNITY NOT DETENTION ACT WOULD HELP END NEW YORK'S PARTICIPATION WITH ICE DETENTION CENTERS.

UCHECHUKWU ONWA, WHO IMMIGRATED TO THE UNITED STATES IN 2017 FROM NIGERIA, SAYS THE CONDITIONS HE FACED IN DETENTION CENTERS WERE INHUMANE.

>> REMEMBERING WHEN I WAS SICK INSIDE DETENTION.

I WAS TAKEN TO THE HOSPITAL WITH CHAINS ALL OVER MY BODY, MY HANDS, MY LEGS, EVEN WHEN I WAS IN A HOSPITAL BED.

>> FOR SOME ADVOCATES POLICIES LIKE THE CLEMENCY ACT COULD HELP THEM AVOID DEPORTATION AND PROVIDE MORE TRANSPARENCY AROUND THE APPLICATION PROCESS BY ESTABLISHING EFFICIENCY CHANGES TO THE APPLICATION PROCESS.

PASCAL CHARPENTIER, WHO GOES BY SHAKOURE, IS A QUEENS RESIDENT, WHO SAYS THE CLEMENCY ACT WOULD HELP HIM AVOID BEING SENT BACK TO HAITIA COUNTRY HE HAS NEVER BEEN TO.

DURING THE SUMMER OF 2020, ICE OFFICIALS CAME TO CHARPENTIER'S HOME IN QUEENS AND ARRESTED HIM.

HE THEN SPENT ABOUT SEVEN MONTHS IN A DETENTION CENTER.

>> I ENDED UP BEING DETAINED FOR SEVEN MONTHS, THE MOST HORRIBLE SEVEN MONTHS OF MY ENTIRE LIFE.

IT WAS AN EXTREMELY DEPRESSING AND REALLY HARSH EMOTIONAL PERIOD FOR MY FAMILY AND MYSELF.

>> CHARPENTIER SAYS HE WAS BORN ON A MILITARY BASE IN GERMANY BEFORE HIS FAMILY MOVED TO THE UNITED STATES IN 1972.

ICE CLAIMS CHARPENTIER WAS BORN IN HAITI, WHERE HIS PARENTS ARE FROM, AND IS A HAITIAN NATIONAL.

NANCY MORAWETZ, CHARPENTIER'S LAWYER AND A LAW PROFESSOR AT NYU, SAYS THERE ARE MANY REASONS WHY HIS CASE IS UNFAIR TO HIM.

ONE OF THEM BEING THEY HAVE SHOWN IMMIGRATION COURT EVIDENCE VIA MEDICAL RECORDS AND A BIRTH CERTIFICATE, THAT HE WAS BORN ON U.S.

SOIL ON A MILITARY BASE IN GERMANY NOT IN HAITI.

>> IT'S JUST A MISTAKE BUT NOW THEY'RE CHANGING THEIR ARGUMENT.

NOW THEY SAY 'OH, WELL HE WAS BORN OUTSIDE THE UNITED STATES SO HE HAS TO PROVE HE'S A U.S.

CITIZEN.'

THAT'S WHAT THEY SAY, WE THINK THAT'S WRONG.

>> MORAWETZ ARGUES THAT PUTTING THE BURDEN ON CHARPENTIER TO ADDITIONALLY PROVE HIS CITIZENSHIP BEYOND THE BIRTH CERTIFICATE AND HOSPITAL RECORDS IS ILLEGAL.

TO TRY AND STAY IN NEW YORK WITH HIS FAMILY, CHARPENTIER APPLIED FOR CLEMENCY, WHICH MEANS IF THE GOVERNOR GRANTS HIM A PARDON HE CAN STAY IN NEW YORK WITH HIS FIANCE AND HIS TEENAGE DAUGHTER.

>> I HAVE AN ORDER OF DEPORTATION THAT IS CURRENTLY PENDING ON APPEAL.

AND THAT CAN TAKE YEARS, NOW WITH WHAT THE NEW INCOMING ADMINISTRATION HAS ALREADY PROMISED, IT'S NOT FAR FETCHED TO ANTICIPATE A VAN IN FRONT OF MY HOUSE WITH ICE AGENTS COMING INTO MY HOME AGAIN, HANDCUFFING ME, PUTTING ME IN CHAINS AND SHACKLES, AND TRANSPORTING ME DOWNTOWN.

>> CHARPENTIER ADDS THIS IDEA OF BEING SENT BACK TO AN ICE DETENTION CENTER IS SOMETHING THAT HAS BEEN CAUSING HIM AND HIS FAMILY A LOT OF ANXIETY AND STRESS.

MORAWETZ STRESSES DETENTION CENTERS IN A WAY ARE UNDERMINING WHEN IT COMES TO DUE PROCESS IN IMMIGRATION COURT, ESPECIALLY WHEN THERE ARE MANY BARRIERS FACING INDIVIDUALS WHO TRY TO PROVE THEIR RIGHT TO STAY IN THE U.S. >> BUT IF YOU DO NOT HAVE COUNSEL IF YOU DO NOT HAVE ACCESS TO YOUR DOCUMENTS, IF YOU DO NOT HAVE ACCESS TO PEOPLE WHO CAN HELP YOU FROM YOUR FAMILY OR OTHER PEOPLE, THEN YOU CAN'T ASSERT YOUR RIGHTS TO REMAIN.

AND SO DETENTION COMPLETELY UNDERMINES DUE PROCESS, AND THAT'S I THINK THE BIGGEST THREAT WE SEE THE INCOMING TRUMP ADMINISTRATION PLANNING TO GREATLY EXPAND DETENTION.

>> CHARPENTIER'S CASE CAME TO ICE'S ATTENTION BECAUSE HE WAS CONVICTED OF FELONY MURDER FOR BEING A LOOKOUT IN A 1990 MUGGING THAT RESULTED IN THE DEATH OF A UTAH RESIDENT VISITING NEW YORK CITY.

CHARPENTIER SAYS HE HAD NO IDEA THERE WOULD BE ANY VIOLENCE.

HOWEVER, IN NEW YORK LAW, IF AN INDIVIDUAL IS INVOLVED IN A CRIME THAT RESULTS IN A DEATH THEY ARE HELD EQUALLY RESPONSIBLE.

HE WAS SENTENCED WITH SIX OTHER INDIVIDUALS AT THE TIME.

CHARPENTIER SERVED HIS TIME AND WAS RELEASED IN 2015.

HIS IMMIGRATION CASE WENT TO THE COURTS IN 2020.

HE LOST HIS CASE AND HIS LAWYERS THEN FILED FOR AN APPEAL IN 2023.

MORAWETZ SAYS EVEN THOUGH CHARPENTIER HAD FINISHED HIS SENTENCE AND HIS PAROLE BY THE TIME ICE OFFICIALS DETAINED HIM AND HIS DEPORTATION CASE WAS BROUGHT TO THE COURTS, IT DIDN'T MATTER BECAUSE IMMIGRATION LAWS DON'T HAVE A STATUTE OF LIMITATIONS.

>> THAT'S ANOTHER REASON THAT IMMIGRATION LAW IS PARTICULARLY CRUEL AND UNPREDICTABLE AND ANOTHER REASON WHY THE POWERS OF THE GOVERNOR BECOME VERY IMPORTANT IN TERMS OF CLEMENCY.

>> IF CHARPENTIER IS GRANTED CLEMENCY HOWEVER, HE WON'T HAVE TO WORRY ABOUT FIGHTING IN COURT.

STATE SENATOR ZELLNOR MYRIE, A DEMOCRAT REPRESENTING PARTS OF QUEENS, SAYS THE CLEMENCY ACT IS AN ATTEMPT TO ENSURE THAT THE COLLATERAL CONSEQUENCES OF BEING INVOLVED IN THE JUSTICE SYSTEM DON'T MANIFEST THEMSELVES IN THE WORST WAYS.

>> LOOK, I THINK WE ARE IN A POLITICAL CLIMATE THAT HAS NOT FOCUSED ON THE SOLUTIONS TO THIS PROBLEM BUT IT MANY INSTANCES HAS POLITICIZED THIS PROBLEM.

>> MYRIE ADDS THIS IS AN ENORMOUS POWER THE GOVERNOR HAS AND THERE SHOULD BE AS MUCH TRANSPARENCY AS POSSIBLE.

TWO OTHER BILLS IN THE LEGISLATIVE PACKAGE INTEND TO PROVIDE LEGAL COUNSEL TO INDIVIDUALS FIGHTING IN IMMIGRATION COURT AND EXPAND LANGUAGE ACCESS FOR CERTAIN DOCUMENTS.

THE ACCESS TO LEGAL REPRESENTATION ACT WOULD AMEND STATE LAW ESTABLISHING THE RIGHT TO UNIVERSAL REPRESENTATION, MEANING ANYONE FACING THE RISK OF DEPORTATION WHO CANNOT AFFORD A LAWYER WILL BE PROVIDED ONE.

MORAWETZ SAYS MANY INDIVIDUALS COULD GREATLY BENEFIT FROM LEGAL COUNSEL IN IMMIGRATION COURT.

>> IMMIGRATION LAW HAS BEEN MANY TIMES LIKENED TO THE TAX CODE IN TERMS OF ITS COMPLEXITY.

IT'S VERY VERY COMPLICATED AND THE IDEA THAT SOMEBODY CAN NAVIGATE THAT ON THEIR OWN IS REALLY A FALLACY AND THEN OF COURSE NAVIGATING ON YOUR OWN WHEN YOU'RE IN DETENTION IS EVEN MORE IMPOSSIBLE.

>> FOR SOME ADVOCATES THE LANGUAGE ACCESS EXPANSION ACT WOULD GREATLY IMPROVE THEIR QUALITY OF LIFE.

SABIHA OBAID, AN IMMIGRANT RIGHTS ADVOCATE, SAYS LANGUAGE ACCESS IS AN ISSUE THAT HAS BEEN A PART OF HER STORY FOR A LONG TIME.

>> I'M THE CHILD OF IMMIGRANTS.

BOTH OF MY PARENTS IMMIGRATED FROM BANGLADESH.

MY MOM IMMIGRATED FIRST WITH HER FAMILY IN THE LATE '90S AND FOR MOST OF MY EARLY CHILDHOOD, MY FATHER WAS STILL AWAITING HIS VISA APPROVAL SO A LOT OF THE RESPONSIBILITIES FELL ON MY MOTHER.

AND I WOULD WATCH HER STRUGGLE WITH SCHOOL REGISTRATION FORMS, WITH DOCTOR APPOINTMENTS, WITH THE VERY LITTLE ENGLISH THAT SHE KNEW.

AND AS I GREW OLDER, I USED TO TAKE ON THAT RESPONSIBILITY WHERE I WOULD TRANSLATE FOR THE FAMILY AND INTERPRET FOR THEM.

>> THE LANGUAGE ACCESS EXPANSION ACT WOULD REQUIRE TRANSLATED VITAL DOCUMENTS ACROSS VARIOUS STATE AGENCIES.

OBAID SAYS WATCHING HER FAMILY STRUGGLE HAS FUELED HER PASSION TO ADVOCATE FOR THIS LEGISLATION.

SHE SAYS NOW THAT SHE'S AN ADULT WITH A FULL TIME JOB SHE CAN'T ACCOMPANY HER PARENTS TO EVERY APPOINTMENT TO HELP TRANSLATE.

THIS BILL PASSING MEANS SHE COULD WORRY LESS ABOUT THEIR WELL BEING.

AND OBAID ISN'T ALONE, WHILE THE LEGISLATIVE SESSION HAS ONLY JUST BEGUN MANY ADVOCATES AND LAWMAKERS HAVE BEEN RALLYING ON THE STATE CAPITOL STEPS FOR THESE IMMIGRATION REFORM POLICIES.

MANY DEMOCRATS SEEM TO BE DETERMINED TO PASS THESE BILLS DURING THE LEGISLATIVE SESSION WHILE REPUBLICANS SEEM UNSURE OR OUTRIGHT OPPOSED.

SENATOR CHAN SAYS, FOR EXAMPLE, THE ACCESS TO LEGAL REPRESENTATION ACT, HE WANTS TO REVIEW IN MORE DETAIL.

>> WHY WE HAVE TO WASTE ALL OF OUR RESOURCES IN THIS ASPECT.

BUT WE CAN CERTAINLY HELP CERTAIN INDIVIDUALS ON A CASE BY CASE BASIS, NOT EVERY IMMIGRANT IS THE SAME.

>> SENATOR GEORGE BORRELLO, A REPUBLICAN REPRESENTING PARTS OF THE FINGER LAKES, STRESSES STATE LAWMAKER'S NUMBER ONE JOB SHOULD BE TO PROTECT NEW YORKERS.

>> ALL OF THESE PIECES OF LEGISLATION ARE THERE TO PUT BARRIERS IN FRONT OF THE TRUMP ADMINISTRATION DEPORTING PEOPLE WHO HAVE COMMITTED HEINOUS CRIMES AGAINST THE PEOPLE OF NEW YORK STATE.

I DON'T SEE ANY SUPPORT FOR THAT AND I WOULD HOPE THAT MY COLLEAGUES ON THE OTHER SIDE OF THE AISLE WOULD ALSO UNDERSTAND THAT THEIR NUMBER ONE JOB IS TO PROTECT THE CITIZENS OF NEW YORK STATE.

>> SOME DEMOCRATS ARGUE THEIR REPUBLICAN COLLEAGUES ACROSS THE AISLE ARE COMPLETELY OFF THE MARK WHEN IT COMES TO ARGUING AGAINST THESE IMMIGRATION REFORM POLICIES.

STATE SENATOR JABARI BRISPORT, A DEMOCRAT REPRESENTING BROOKLYN, SAYS FROM DAY ONE OF SESSION THIS YEAR REPUBLICANS HAVE TRIED TO MAKE IMMIGRANTS THE ENEMY.

>> THEY WANTED TO USE THEM AS A FOIL TO PUSH THEIR FAR RIGHT WING AGENDA.

I DON'T SEE ANY CONVERSATIONS BEING FRUITFUL WITH THE MINORITY ON IMMIGRATION THIS YEAR.

>> HOWEVER, DESPITE THE CONTROVERSY THEY CARRY IN THE CHAMBER, THESE BILLS SEEM TO HAVE WIDE SUPPORT.

WHILE THE BILLS DIDN'T MAKE IT ACROSS THE FINISH LINE LAST SESSION, BRISPORT SAYS THIS YEAR IF THEY HAVE THE POLITICAL WILL THEN THEY WILL MAKE IT TO THE FLOOR AND PASS.

HE SAYS LAST YEAR THAT POLITICAL PRESSURE WAS SIMPLY LACKING.

>> WE DID NOT BUILD ENOUGH POLITICAL PRESSURE.

WE HAVE TO FIGHT FOR GOOD THINGS IN GOVERNMENT OR ELSE THEY DON'T HAPPEN.

NOTHING HAPPENS BY CHANCE.

WE NEED TO ORGANIZE AND WE NEED TO FIGHT FOR THEM.

>> A FIGHT IS EXACTLY WHAT MANY LAWMAKERS PLAN ON BRINGING TO THE CHAMBER FOR THIS PACKAGE OF IMMIGRATION REFORM BILLS.

SOME LAWMAKERS SAY ANOTHER TRUMP ADMINISTRATION TAKING PLACE COULD VERY WELL BUILD THE POLITICAL PRESSURE NEEDED TO GET THESE PIECES OF LEGISLATION ACROSS THE FINISH LINE.

ELISE KLINE, NEW YORK NOW.

>> AND FOR MORE INFORMATION ON THE STATE'S APPROACH TO IMMIGRATION REFORM THIS YEAR UNDER THE NEW FEDERAL ADMINISTRATION, YOU CAN VISIT OUR WEBSITE, AGAIN, THAT'S AT NYNOW.ORG.

YOU CAN ALSO SUBSCRIBE TO OUR NEWSLETTER FOR EXCLUSIVE CONTENT BY GOING TO NEWSLETTER.NYNOW.ORG OR BY SCANNING THE QR CODE ON YOUR SCREEN.

WELL, THAT DOES IT FOR THIS EDITION OF "NEW YORK NOW."

THANK YOU FOR TUNING IN AND SEE YOU NEXT WEEK.

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