New York State’s treatment of immigrants is cruel, unjust, and above all, against the law. That’s what has emerged from a study conducted by the New York State Defenders Association (NYSDA), the results of which were made public on October 19.

The hunt for illegal immigrants, who work mainly on the state’s farms, has become more ruthless, said Jonathon Gradess, executive director of NYSDA. This is obviously the result of “habitual” and substantial violations of the law, as in the almost systematic denial of the immigrants’ right to a fair process and an effective defense.

“These foreign workers—especially in Orange County, though the problem is spread all over the state—are deprived every day of their right to adequate legal representation,” said Gradess. Immigrants who do not speak English often “languish in prison” because they are denied interpreters and therefore cannot explain themselves. Many others are deported without having ever seen a lawyer, or at most after having been granted an audience lasting only a few minutes, at which it is impossible to discuss anything.

“This is the direct result of an ailing public defense system that is badly in need of reform,” said Gradess. Of the improvements proposed by his association as a result of the study (sponsored by the Defenders Association and the League of Women Voters) two points are critical: the creation of an independent commission to monitor public defense across the state, and the creation of a group of qualified interpreters for the courts.

May Yee, the spokeswoman for the administration of the state’s courts, said that she had not read the study in question, but said that “naturally, we are open to any suggestions that would improve the service of public defenders for indigent people, including, of course, immigrant farm workers.”

However, the system of public defense in New York has been under sharp criticism for years for not being able to carry out all the work that it is called upon to do, especially in New York and other large cities. After years of pressure, Governor George Pataki raised the rate for lawyers who accept the role of public defender from $40 to $75 per hour. Yee said that she was “not in a position to say” whether or not that increase has served to revive the number of lawyers who “flee” from the idea of taking on the job of public defender.