California would fund lawyers for all illegal immigrants under new bill

Starting next year, California would begin to fund legal representation for all unauthorized adults to fight their deportations under new legislation set to clear its first hurdle on Tuesday.

“Legal representation saves lives, protects civil liberties and keeps families together,” said bill author Assemblymember Mia Bonta (D). “This is a due process issue in California. People can lose their freedom, their family, their job and home through immigration proceedings.”

Assembly member Mia Bonta, D-Alameda, at the Capitol in Sacramento, Calif., Monday, July 10, 2023. AP

Last year, Bonta helped pass a law that directed the California Department of Social Services to provide legal counsel to every undocumented and unaccompanied youth in California. The reason, Democrats argued, was that they were the most vulnerable population targeted for removal from President Donald Trump.

The focus of that law was narrowed to youth due to budget constraints, legislative analysts noted. Now, Bonta wants to expand that program to every adult, despite a multi-billion dollar state budget deficit.

It’s unclear yet how much the new bill would cost the state. For comparison, California’s existing program to represent undocumented youth was estimated to cost anywhere from $17.5 million to $77 million, the department had said.

If enacted, the legislation would establish a new “administrator,” most likely within the social services department, that develops regulations and a “phase-in” implementation plan. Criteria would be established for private attorneys seeking to contract with the state for immigration services, and there would be grants for community organizations for outreach to affected immigrants.

In light of budget realities, analysts for the state Assembly Judiciary Committee even recommended Bonta narrow her bill to fund legal representation for detained illegal immigrants instead of all of them, including those not detained.

Trump’s use of ICE agents to detain illegal immigrants have made California Democrats angry. AP

Around 2.25 million immigrants in California were undocumented in 2023, according to the Pew Research Center.

Critics said it was fiscally irresponsible for the state to give legal help for non-U. S. citizens. Assemblymember Kate Sanchez (R) questioned who would take advantage of this program.

“Is there provision in the bill that prevents dangerous and violent felons from receiving taxpayer funds for legal aid to avoid deportation?” she asked Bonta.

Bonta replied that the bill is about due process and stays silent on that issue.

Immigrant rights groups said that the proposed program would only happen if there is available funding. They claimed the program isn’t just about fighting Trump but to help California’s economy, which relies on immigrants.

“Mass deportation policies target Californians based on the color of their skin, the language they speak, or their type of work, destabilizing entire industries and local economies,” the California Immigrant Policy Center and a coalition of other organizations said in a letter to lawmakers.

Analysts will eventually assess the bill’s fiscal impact before lawmakers go on summer break.