Albany-based regional immigration assistance office says 4 positions covered by state grant; focuses on training court-appointed attorneys

Evelyn Kemp, director of the Immigration Assistance Center hosted by Albany County, told the Legislature on Oct. 23 that her office maintains four full‑time positions and is fully funded by a three‑year state grant running Jan. 1, 2024 through Dec. 31, 2026.

Kemp said the office provides training, legal advice and a referral network to court‑mandated attorneys representing noncitizen clients across a 14‑county Region 3 that includes Albany, Clinton, Essex, Franklin, Fulton, Hamilton, Montgomery, Rensselaer, St. Lawrence, Saratoga, Schenectady, Warren and Washington counties. She cited Padilla v. Kentucky as the Supreme Court decision that requires counsel to advise noncitizen clients about immigration consequences of criminal pleas.

The office does not perform direct representation of noncitizen clients under its current grant, Kemp said; instead it supports the public defender, conflict (alternate public defender) and assigned counsel panels by training and advising attorneys so those lawyers can counsel clients about immigration consequences. Kemp said the center also posts “know your rights” and other public information for attorneys and the general public on its website and coordinates referrals to local immigration partners for benefit applications and removal defense as needed.

Committee members questioned several line items in the center’s submitted budget packet. Kemp said the budgeted office supplies line rose from an actual 2024 expenditure of $117 to a $5,000 budget for 2025 and 2026 because the packet shows budgeted (not-yet‑spent) amounts that are submitted to the grantor and kept as a buffer for future budget modifications. She said the center routinely leaves room in multiple lines — including training and fees for service — to allow transfers between lines later via budget modification with the host county and with the state grant administrator.

Kemp confirmed the training and conference lines fund continuing legal education and internal training required to keep attorneys current on changes in law and policy, and said the center uses those funds for a case management system as well. In response to a question about travel, she said Albany County serves as the host county for the regional grant and that travel and mileage are budgeted to cover service across the 14‑county region.

Committee members also asked whether state funding is at risk. Kemp clarified the center’s funding currently derives from a New York State grant administered through the Office of Indigent Legal Services (ILS) and that the county’s budgeted positions are 100% grant‑funded for the grant period she cited. She said if grant funds were not used in a given year the grant rules permit unspent funds to roll forward within the authorized multi‑year grant period rather than requiring a county match.

Kemp closed by saying the office will continue prioritizing attorney training, supporting the local coalition of immigration service providers, and offering referral and public information resources. She then opened to questions from committee members.

While the presentation addressed budget line items and grant mechanics, Kemp and committee members did not report any formal votes or changes to the center’s authority during the hearing.

The center’s staff and its regional role mean Albany County serves as host for a multi‑county grant that funds legal‑assistance infrastructure rather than direct client representation; Kemp emphasized the distinction repeatedly when asked by legislators.