March 19, 2026

Albany, NY – At a moment when New York is grappling with how to keep families together and protect people from a federal deportation agenda that seeks to tear them apart, advocates, directly impacted families, public defenders, and lawmakers rallied today at the New York State Capitol to demand passage of the Promoting Pre-Trial Stability Act, or PromPT Stability Act (S.6271A Ramos /A.6455 Septimo). Their message was loud and clear: safety is not one-size-fits-all. Albany cannot defend a system that lets courts destabilize families first and ask questions later.

The PromPT Stability Act would require judges to hold an evidentiary hearing before issuing criminal court stay-away orders that can force people from their homes, separate parents from children, and upend entire households before any conviction or meaningful hearing. It gives judges the full context they need to respond to the unique circumstances of each case and relationship rather than making life-altering decisions based solely on the limited information available at arraignment.

The dangerous realities of a Temporary Order of Protection are experienced every day. Shamika Crawford, a Black mother and Bronx community member, was removed from her NYCHA apartment, separated from her children, and forced into homelessness. In the months it took the court to dismiss her case for lack of evidence, she endured circumstances no mother, no person, should ever face.

“I know what it feels like to be treated like my life did not matter; to be separated from my children, pushed out of my home, and left with nothing before I ever had a chance to defend myself,” said Shamika Crawford, whose case inspired the PromPT Stability Act. “No one should go through what I did. If a court order can tear someone’s life apart, the court should have to stop, listen, and understand what is actually needed before causing that harm.”

While Ms. Crawford sued and won, the evidentiary hearings created by her case, known as “Crawford hearings,” are inconsistently applied across the state. Without clear guidance, whether someone receives due process can still depend on the courtroom they happen to be in.

The PromPT Stability Act codifies the Crawford ruling into law, ensuring uniform application of due process protections across the state.  Every day without this law means more New Yorkers risk being removed from their homes, separated from their families, and left to fight for stability only after the harm has already been done. Albany has the opportunity to ensure that no one else pays that price. The time to act is now. 

“No one’s life should be turned upside down before they have had a meaningful opportunity to be heard in court. The PromPT Stability Act is about fairness, due process, and making sure temporary orders with life-altering consequences are not issued without proper review. When people are unnecessarily separated from their homes, families, or jobs, the damage can last long after a case is resolved. This legislation helps ensure our courts protect both safety and fundamental rights with the care and seriousness New Yorkers deserve,” said New York State Senator Jessica Ramos.

“Full temporary orders of protection (TOP) can separate someone from their home, their job, and their children — before a single fact is tested in court,” said Joshua Epstein, Director of Immigration Practice, Brooklyn Defender Services Queens Office. “The current law takes a harmful one-size-fits-all approach to TOPs— based on unverified representations of law enforcement—with harsh, lasting consequences. For immigrant New Yorkers, these orders can also have devastating deportation consequences. We urge lawmakers to pass the PromPT Stability Act before the end of the session to ensure that judges have the full picture before issuing orders that can upend lives.”

“For years, criminal courts have separated families by reflexively issuing stay-away orders at the very beginning of many cases. Despite the 2021 appeals court decision requiring that lower courts hold evidentiary hearings before issuing these orders, that rule is not evenly applied. We stand with criminalized survivors like Shamika Crawford in urging lawmakers to pass the PromPT Stability Act before the end of the session. Let this be the year we end this practice of family separation without due process,” said Piyali Basak, Managing Director of the Neighborhood Defender Service of Harlem.

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