Existing law requires the State Department of Social Services, subject to an appropriation, to provide grants to qualified nonprofit organizations through contracts, in order to provide persons with certain immigration-related legal services. Under existing law, a component of those grants is aimed at legal services to unaccompanied undocumented minors who are transferred to the care and custody of the federal Office of Refugee Resettlement and who are present in the state.

This bill would make changes to the criteria for organizations providing legal services to those minors, including adjustments to qualifications based on the organizations history of professional experience.

Under existing law, another component of those grants is aimed at services relating to immigration remedies and naturalization, among other processes, to assist persons residing in, or formerly residing in, the state.

This bill would expand those qualifying services to persons having an intent to reside in and having a nexus to the state, and would expand the scope of services to include, among other things, legal representation and related services for removal defense. The bill would make changes to the definitions of various terms relating to legal services and immigration remedies.

Existing law prohibits use of the grant funds to provide legal services to an individual who has been convicted of, or who is currently appealing a conviction for, a violent or serious felony.

This bill would remove that prohibition on the use of funds for those individuals.

Existing law requires the department to update the Legislature on specified information relating to the grant program in the course of budget hearings.

This bill would expand the scope of reportable information and would instead require the department to update the Legislature through an annual report, and to post the reports on the departments internet website and make them publicly available. The bill would also require the department to update the Legislature through a publicly available report, every 3 years, commencing on July 1, 2026, that provides information and analysis on the costs associated with service provision and that provides recommendations for any program administration updates addressing these costs. The bill would make conforming changes to related provisions.

The bill would require the Section Chief of the Immigration Services Bureau, at the department, or their representative, to convene an ongoing advisory committee, with a specified composition, to be established by January 1, 2026. Under the bill, the committees purpose would be to create voluntary guidance and make recommendations to the department and to the Legislature on policies and procedures to ensure that indigent immigrant Californians receive the vital legal services and other concomitant resources needed to set up immigrants and their families to thrive in the state.

Under the bill, personally identifiable information, collected by the department as related to the above-described services, would not be a public record and would be prohibited from disclosure by the department, except where necessary to comply with a court-issued order, warrant, or subpoena.

Existing constitutional provisions require that a statute that limits the right of access to the meetings of public bodies or the writings of public officials and agencies be adopted with findings demonstrating the interest protected by the limitation and the need for protecting that interest.

This bill would make legislative findings to that effect.

Existing law requires the State Department of Social Services, subject to an appropriation, to provide grants to qualified nonprofit organizations through contracts, in order to provide persons with certain immigration-related legal services. Under existing law, a component of those grants is aimed at legal services to unaccompanied undocumented minors who are transferred to the care and custody of the federal Office of Refugee Resettlement and who are present in the state.

This bill would make changes to the criteria for organizations providing legal services to those minors, including adjustments to qualifications based on the organizations history of professional experience.

Under existing law, another component of those grants is aimed at services relating to immigration remedies and naturalization, among other processes, to assist persons residing in, or formerly residing in, the state.

This bill would expand those qualifying services to persons having an intent to reside in and having a nexus to the state, and would expand the scope of services to include, among other things, legal representation and related services for removal defense. The bill would make changes to the definitions of various terms relating to legal services and immigration remedies.

Existing law prohibits use of the grant funds to provide legal services to an individual who has been convicted of, or who is currently appealing a conviction for, a violent or serious felony.

This bill would remove that prohibition on the use of funds for those individuals.

Existing law requires the department to update the Legislature on specified information relating to the grant program in the course of budget hearings.

This bill would expand the scope of reportable information and would instead require the department to update the Legislature through an annual report, and to post the reports on the departments internet website and make them publicly available. The bill would also require the department to update the Legislature through a publicly available report, every 3 years, commencing on July 1, 2026, that provides information and analysis on the costs associated with service provision and that provides recommendations for any program administration updates addressing these costs. The bill would make conforming changes to related provisions.

The bill would require the Section Chief of the Immigration Services Bureau, at the department, or their representative, to convene an ongoing advisory committee, with a specified composition, to be established by January 1, 2026. Under the bill, the committees purpose would be to create voluntary guidance and make recommendations to the department and to the Legislature on policies and procedures to ensure that indigent immigrant Californians receive the vital legal services and other concomitant resources needed to set up immigrants and their families to thrive in the state.

Under the bill, personally identifiable information, collected by the department as related to the above-described services, would not be a public record and would be prohibited from disclosure by the department, except where necessary to comply with a court-issued order, warrant, or subpoena.

Existing constitutional provisions require that a statute that limits the right of access to the meetings of public bodies or the writings of public officials and agencies be adopted with findings demonstrating the interest protected by the limitation and the need for protecting that interest.

This bill would make legislative findings to that effect.

Date of Hearing: March 12, 2024

ASSEMBLY COMMITTEE ON JUDICIARY

Ash Kalra, Chair

ABPCA Bill Id:AB 2031

Author:(Jones-Sawyer) – As Amended Ver:March 7, 2024

SUBJECT: One California program

KEY ISSUES:

1. SHOULD A RESTRICTION ON THE USE OF ONE CALIFORNIA GRANT FUNDS FOR SERVICES TO ASSIST INDIVIDUALS WITH SERIOUS OR VIOLENT FELONY CONVICTIONS BE REPEALED?
2. SHOULD THE QUALIFICATIONS FOR NONPROFIT LEGAL SERVICES ORGANIZATIONS TO RECEIVE GRANT FUNDING UNDER THE ONE CALIFORNIA PROGRAM AND THE TYPES OF SERVICES THAT GRANT RECIPIENT ORGANIZATIONS CAN PROVIDE BE EXPANDED?

SYNOPSIS

California is home to over 10 million immigrants from all over the world, accounting for nearly a quarter of the United States’ total immigrant population. Throughout the past decade, California has enacted numerous measures aimed at protecting the state’s immigrant communities. From authorizing undocumented immigrants to obtain drivers licenses, expanding access to MediCal, and making various efforts to limit Immigration and Customs Enforcement collaboration by law enforcement agencies in the state, California has often been a leader in creative ways to carve out protections on the state level. The One California program, established in 2015, is another such example. Administered by the California Department of Social Services, the One California program issues funding to qualifying nonprofit organizations to provide a range of immigration-related legal services. The One California Program includes both the Youth Legal Services (YLS) (formerly the Unaccompanied Undocumented Minors (UUM) program) and Immigrant Services Fund (ISF) programs, both of which offer grant funding to qualified nonprofit legal services organizations to provide specified pro bono immigration services.

This bill would make four main changes to the One California’s Immigrant Services Fund (ISF) and Youth Legal Services (YLS) programs. First, it would repeal a restriction on the use of grant funds for providing legal services to individuals who have been convicted of, or are appealing, a violent or serious felony that now limits the ISF program, thereby allowing ISF grants to be utilized to assist these individuals with their immigration-related matters. Second, it would create additional avenues by which a nonprofit legal organization may qualify to receive ISF or YLS grant funding. Third, it would expand the types of services qualifying organizations may provide to include specified forms of postconviction relief. Finally, the bill would modify reporting requirements to the Legislature and establish an ongoing advisory committee tasked with developing guidance and recommendations on policies and procedures best designed to help indigent immigrant Californians receive the legal and accompanying services needed to help facilitate the success of the state’s immigrant communities.

This bill is sponsored by the California Immigrant Policy Center (CIPC), the Central American Resource Center (CARECEN), the Immigrant Legal Resource Center (ILRC), and the Vera Institute of Justice. It is supported by a coalition of social justice, human rights, and immigrant rights advocacy organizations, including the California Public Defenders Association, Equality California, and Root and Rebound. It is also supported by AltaMed Health Services. There is no opposition currently on file. Should it be approved by this Committee, the bill will be referred to the Assembly Committee on Human Services.

SUMMARY: Amends the One California program to expand the types of services qualifying nonprofit legal services organizations may provide utilizing grant funding and restructures the experience needed from such organizations in order to qualify for grants, and repeals a restriction on the use of grant funds to provide services for individuals with serious or violent felony convictions. Specifically, this bill:

1. Redefines “legal services” to “legal services and related services,” and expands the definition to include specified services provided by interpreters and social workers, and to include psychological evaluations, expert witness testimony, interpretation and translation, medical examinations, investigators, postrelease services, and other litigation costs.
2. Modifies the following requirements necessary for nonprofit legal services organizations to qualify for contracts awarded pursuant to the Youth Legal Services (YLS) program to include the following options;
   1. Include on the staff of the organization a supervising attorney or representative accredited by the United States Department of Justice (DOJ) or federal Office of Legal Access Program (OLAP) (DOJ or OLAP Accredited Representative) with at least three years’ experience and expertise in providing legal representation to indigent clients in civil immigration matters before the United States Department of Homeland Security.
   2. Include on the staff of the organization a supervising attorney or DOJ or OLAP Accredited Representative with at least three years’ experience and expertise in providing legal representation to indigent clients in civil immigration proceedings before the Executive Office for Immigration Review within the United States Department of Justice.
3. Requires nonprofit legal services organizations to conducted trainings on these issues for persons beyond their staff in order to qualify for grant funding.
4. Authorizes the Department of Human Services (Department) to provide grants under the Immigration Services Fund (ISF) to organizations for the purpose of providing services to persons having an intent to reside in and having a nexus to California.
5. Modifies the following requirements necessary for nonprofit legal services organizations to qualify for contracts awarded pursuant to ISF program to include meeting the requirement or requirements specified in the YLS program requirements as applicable to the type of immigration issues for which the organization is requesting a grant.
6. Repeals a restriction on the use of funds to provide legal services to an individual who has been convicted of, or who is currently appealing a conviction for, a violent or serious felony, as defined in the Penal Code.
7. Authorizes grants provided under the ISF program to be used for the purpose of providing legal representation and related services for removal defense.
8. Authorizes grants provided under the ISF program to be used for the purpose of providing legal services, as defined, to unaccompanied undocumented minors.
9. Modifies the definition of “services to assist” for purposes of ISF grant funding to include services to obtain relief that vacates, eliminates, or reduces a criminal record, conviction, or sentence that may have adverse immigration consequences.
10. Defines “services to obtain” to include, but not be limited to, legal representation, investigative services, interpretation and translation, expert witness services, or the provision of supportive and rehabilitative services to people facing removal from the United States.
11. Modifies the definition of “immigration remedies” to include other legal actions, including remedies available before federal or state agencies or courts, the United States Department of Justice, the United States Department of Homeland Security, or the United States Department of State, that are necessary to enable the pursuit of immigration protections.
12. Deems that personally identifiable information collected by the Department as related to the services provided under this chapter is not a public record and prohibits its disclosure by the Department, except where necessary to comply with a court-issued order, warrant, or subpoena.
13. Requires the Department to update the Legislature through an annual report, in accordance with the Government Code. Additionally requires the Department to post the reports on its internet website and make them publicly available and include the following specified information:
    1. The types of applications submitted;
    2. The number of clients served, the number of matters in which the representation was provided over a designated time period of the awards, and the number of nonprofit organization staff members who were funded through the program;
    3. Identification of regions that are particularly underserved;
    4. Identification of ethnic communities that are particularly underserved;
    5. And recommendations to address barriers and challenges to the provision of services based on findings from data gathered in furtherance of the required report.
14. Requires the Department to update the Legislature through a report, in accordance with the Government Code, every three years beginning on July 1, 2026, that provides information and analysis on the costs associated with service provision and that provides recommendations for any program administration updates addressing these costs. Further requires the Department to post the reports on its internet website and make them publicly available.
15. Makes an existing reporting requirement regarding grants issued pursuant to a specified section of the One California program regarding education and outreach services to be submitted on an annual basis.
16. Requires the Section Chief of the Immigration Services Bureau, at the Department, or a representative of the chief, to convene an ongoing advisory committee, to be established by January 1, 2026, for the purpose of creating voluntary guidance and making recommendations to the Department and the Legislature, in accordance with existing law, on policies and procedures to ensure that indigent immigrant Californians receive the vital legal services and other concomitant resources needed to set up immigrants and their families to thrive in the state.
17. Requires the advisory committee to be geographically and demographically diverse, representing the diversity of immigrant communities throughout the state, and to be composed of no fewer than 10 individuals, with no fewer than 2 of whom being individuals directly affected by immigration enforcement.
18. Requires the advisory committee to include, but not be limited to, a representative from all of the following groups:
    1. A nonprofit organization with a minimum of five years of experience in advising the providing legal advocacy on affirmative legal immigration services;
    2. A nonprofit organization with a minimum of five years of experience in advising and providing legal advocacy on removal legal defense;
    3. A nonprofit organization with a minimum of five years of experience in advising and providing legal advocacy on asylum and refugee matters;
    4. A nonprofit organization with a minimum of five years of experience in serving particularly underserved geographic regions;
    5. A nonprofit organization with a minimum of five years of experience in serving particularly underserved communities impacted by immigration enforcement, especially with linguistic barriers in accessing legal services;
    6. A nonprofit organization with a minimum of five years of experience in providing technical assistance to legal nonprofit organizations.
19. Authorizes the Speaker of the Assembly and the Senate President pro Tempore to each appoint one individual to the advisory committee and requires the Section Chief of the Immigration Services Bureau to appoint all other individuals to the advisory committee.
20. Requires the advisory committee to make recommendations, in consultation with the applicable divisions and entities within the department and with other applicable state agencies or departments, on which additional policies could be adopted by the department or additional legislation enacted by the Legislature to ensure a thriving “One California” Immigration Services Funding program. Requires the advisory committee to develop voluntary practice-specific legal and other guidance, as necessary, for the purpose of all of the following:
    1. Educating and providing outreach to immigrants and their families on their rights and privileges, and concomitant resources needed to set them up to thrive in the state;
    2. Setting up a One California infrastructure and processes that ensure and maximize the ability of indigent immigrant Californians to receive the vital legal services and other concomitant resources needed to thrive in communities;
    3. Identifying and evaluating barriers of indigent immigrant Californians in accessing services specific to the practice, and how to remove these barriers through the administration of the program.
21. Makes relevant findings regarding the need to limit the public’s right of access to personally identifiable information collected by the State, subject to specific exceptions.

EXISTING LAW:

1. Directs the Department of Social Services, subject to the availability of funding from the annual Budget Act, to contract with qualified nonprofit legal services organizations to provide legal services to unaccompanied undocumented minors who are transferred to the care and custody of the federal Office of Refugee Resettlement and who are present in this state, for the sole purpose of providing legal representation to unaccompanied undocumented minors who are in the physical custody of the federal Office of Refugee Resettlement or who are residing with a family member or other sponsor. (Welfare and Institutions Code Section 13300(a) – (b).)
2. Defines “legal services” to include culturally and linguistically appropriate services provided by attorneys, paralegals, interpreters and other support staff for state court proceedings, federal immigration proceedings, and any appeals arising from those proceedings. (Welfare and Institutions Code Section 13300 (d).)
3. Requires that contracts awarded pursuant to 1) fulfill each of the following, among additional requirements:
   1. Be executed only with nonprofit legal services organizations that meet all of the following requirements:
      1. Have at least three years of experience handling asylum, T-Visa, U-Visa, or special immigrant juvenile status case and have represented at least 25 individuals in these matters;
      2. Have experience in representing individuals in removal proceedings and asylum applications;
      3. Have conducted trainings on these issues for practitioners beyond their staff;
      4. Have experience guiding and supervising the work of attorneys whom themselves do not regularly participate in this area of the law but nevertheless work pro bono on the types of cases described in i).
      5. Are accredited by the Board of Immigration Appeals under the United States Department of Justice’s Executive Office for Immigration Review or meet the requirements to receive funding from the Trust Fund Program administered by the State Bar of California. (Welfare and Institutions Code Section 13301 (a).)
4. Directs the Department, subject to the availability of funding from the annual Budget Act, to provide grants to qualifying organizations for the purpose of providing one or more of the following services:
   1. Services to persons residing in, or formerly residing in, California, including, but not limited to services to assist with the application process for initial or renewal requests of deferred action under the DACA policy with the United States Citizenship and Immigration Services; services to obtain other immigration remedies and benefits; services to assist with the naturalization process and an appeal arising from the process;
   2. Services to provide legal training and technical assistance. (Welfare and Institutions Code Section 13303 (a) – (b).)
5. Prohibits funds made available for the purpose of 3) above to be used to provide legal services to an individual who has been convicted of, or who is currently appealing a conviction for, a serious or violent felony. (Welfare and Institutions Code Section 13303 (b)(3).)
6. Defines “services to assist” to include, but not be limited to, outreach, workshop presentations, document review, Freedom of Information Act requests, and screening services that seek to assist individuals with the services described in 4)a). (Welfare and Institutions Code Section 13303 (c)(2).)
7. Defines “Immigration remedies” to include, but not be limited to, U-visas, T-visas, special immigrant juvenile status, Violence Against Women Act self-petitions, family-based petitions, cancellation of removal, and asylum or other remedies that may also include remedies necessary to enable pursuit of immigration protections. (Welfare and Institutions Code Section 13303 (c)(4).)
8. Requires the Department to update the Legislature on specified topics in the course of budget hearings. (Welfare and Institutions Code Section 13303 (d).)
9. Requires that contracts awarded pursuant to 4) above fulfill each of the following, among additional requirements:
   1. Be executed only with a nonprofit organization that meets the requirements set forth in Section 50-1(c)(3) or 501(c)(5) of the Internal Revenue Code and that meets each of the following requirements;
      1. Except as specified, have at least three years of experience handling the type of immigration issues for which the organization is requesting a grant;
      2. Have conducted trainings on immigration issues for persons beyond its staff. (Welfare and Institutions Code Section 13304 (a)(1)(A) – (B).)
10. Requires the Department, subject to the availability of funding in the annual Budget Act, to provide grants to qualified organizations to provide free education and outreach information, services, and materials about services provided pursuant to 4). (Welfare and Institutions Code Section 13305 (a).)
11. Defines "immigration reform act services" as services offered in connection with an immigration reform act that are necessary in the preparation of an application and other related initial processes in order for an undocumented immigrant, as specified, to attain lawful status under the immigration reform act. (Business and Professions Code Sections 6240 and 22442.5.)
12. Guarantees a right to counsel in criminal proceedings (Gideon v. Wainwright (1963) 372 U.S. 335), but not generally in civil matters (Lassiter v. Dep’t of Soc. Servs. (1981) 452 U.S. 18).
13. Establishes the federal Legal Services Corporation (LSC) to provide and administer grant funding to nonprofits that provide civil legal assistance for eligible clients, subject to both statutory and regulatory restrictions. (42 U.S.C. Sections 2996-2996l; 45 C.F.R. Sections 1600-1644.)
14. Bars recipients of LSC funding from providing legal assistance for or on behalf of ineligible aliens, as defined. Nevertheless allows recipients to refer these persons elsewhere for services. (45 C.F.R. Section 1626.3.)
15. Defines “ineligible alien” to mean a person who is not a citizen and who does not meet other requirements set forth under applicable LSC regulations. (45 C.F.R. Section 1626.2.)

FISCAL EFFECT: As currently in print this bill is keyed fiscal.

COMMENTS: California is home to over 10 million immigrants from all over the world, accounting for nearly a quarter of the United States’ total immigrant population. (U.S. Immigrant Population by State and County, Migration Policy Institute available at: https://www.migrationpolicy.org/programs/data-hub/charts/us-immigrant-population-state-and-county.) These numbers include naturalized citizens, legal permanent residents (green card holders), various types of legal nonimmigrants (such as students on work visas), refugees and asylum seekers, and undocumented immigrants. Each distinct population faces unique challenges to residing in California, burdens which the Legislature has often attempted to ease. The past years have seen efforts such as authorizing driver’s licenses for undocumented immigrants, expanding access to MediCal, and limiting cooperation by law enforcement agencies in California with Immigration and Customs Enforcement, thereby establishing California as a frequent leader in creative ways to carve out protections on the state level. The One California program, established in 2015, is another such example. Administered by the California Department of Social Services, the One California program offers grant funding to qualifying nonprofit organizations to provide a range of immigration-related legal services.

Demand for immigration-related services is chronically high. Cases pending before immigration court in California have increased from 78,718 in 2012 to over 357,893 in 2024, for a total increase of more than 354% in just over one decade. (Immigration Court Backlog, TRAC Immigration available at: https://trac.syr.edu/phptools/immigration/backlog/.) During this same time period, the average number of days an individual case has spent pending before immigration court has decreased from 674 to 542, appearing to indicate an increased number of overall cases. (Id.) Despite having similarly austere consequences as criminal proceedings, including potential deportation and removal, parties before immigration court are not entitled to government-appointed counsel in the event they cannot afford legal representation. The pressure to provide effective legal services then shifts to nonprofit legal services organizations. According to the author:

AB 2031, the Representation, Equity, and Protections for All Immigrants Act (REP4All Act), will ensure racial justice and equitable access to immigration services for all Californians – not some. This bill improves the state’s immigration legal services program, One California, by removing outdated exclusions to legal services; broadening eligibility for qualified nonprofit organizations; and expanding access to high-quality immigration legal services. AB 2031 improves One California’s efficacy and accountability, by revising data collection and reporting requirements; as well as establishing an advisory committee to provide recommendations.

Existing funding authorizations and allocations. The One California Program includes both the Youth Legal Services (YLS) (formerly the Unaccompanied Undocumented Minors (UUM) program) and Immigrant Services Fund (ISF) programs. As detailed by the Department, the YLS authorizes the Department to provide grants to qualified nonprofits “to provide legal services to eligible Unaccompanied Undocumented Minors […] and other Immigrant Youth (IY) […] for the purpose of providing legal representation for UUMs and IYs in the filing of, preparation for, and representation in administrative and/or judicial proceedings” for immigration statuses such as asylum, T-Visa, U-Visa, or Special Immigrant Juvenile Status. (Youth Legal Services, California Department of Social Services available at: https://www.cdss.ca.gov/inforesources/immigration/unaccompanied-undocumented-minors.)

The Department reported awarding just under three million dollars in funding under the YLS program in both the 2020 – 2021 and 2021 – 2022 fiscal years. (Unaccompanied Undocumented Minors Legal Services Funding Award Announcement Fiscal Year 2020 – 21 & Fiscal Year 2021 – 22, (November 6, 2020) California Department of Social Services available at: https://www.cdss.ca.gov/Portals/9/Immigration/UUM/FY_2020-21_UUM_Funding_Award_Announcement_Final.pdf and Unaccompanied Undocumented Minors Legal Services Funding Award Announcement Fiscal Year 2020 – 21 & Fiscal Year 2021 – 22, (September 15, 2021) California Department of Social Services available at: https://www.cdss.ca.gov/Portals/9/Immigration/UUM/FY-2021-22-UUM-Funding-Award-Announcement.pdf.)

The ISF provides grant funding to qualified non-profit organizations to provide free or low-cost immigration legal and outreach services. “Immigration services include the following four service categories: (1) Immigration Legal Services and Benefits, including but not limited to; Legal Consultation Services; Application Assistance for Deferred Action for Childhood Arrivals (DACA); Application Assistance for Naturalization, and Application Assistance for Affirmative Immigration Remedies and other immigration-related benefits, (2) Education and Outreach (E&O) for individuals and events as defined by CDSS, (3) Legal Training and Technical Assistance (LTTA), and (4) ISF Supportive Services.” (Immigration Services Funding (ISF) Program, California Department of Social Services available at: https://www.cdss.ca.gov/inforesources/immigration/immigration-services-funding.)

In the 2020 – 2021 fiscal year, the Department awarded just over $35 million in ISF grants, and an additional $7.3 million in removal defense funding to 97 organizations throughout the state. (Immigration Services Funding Award Announcement Fiscal Year 2020 – 2021, California Department of Social Services available at: https://www.cdss.ca.gov/Portals/9/Immigration/FINAL_ADA_FY2020-21_ISF_Award_Announcement.pdf?ver=2021-11-02-082100-197.) In both the 2022 – 2023 and 2021 – 2022 fiscal years, the Department awarded a total of nearly $36 million in ISF grants to 93 organizations, but reported no removal defense funding grants. (Immigration Services Funding Award Announcement Fiscal Year 2021 – 2022, California Department of Social Services available at: https://www.cdss.ca.gov/Portals/9/Immigration/_ADA_FY2021-22_ISF_Award_Announcement.pdf?ver=2022-01-27-141217-217, Immigration Services Funding Award Announcement Fiscal Year 2022 – 2023, California Department of Social Services available at: https://www.cdss.ca.gov/Portals/9/Immigration/FY2022-23_ISF_Award_Announcement_12_23.pdf?ver=2024-01-18-123509-670.)

This bill would make four main changes to the One California program. First, it would repeal a restriction in the ISF program on the use of grant funds for legal services to individuals who have been convicted of, or are appealing, a violent or serious felony, thereby allowing ISF grants to be utilized to assist individuals with such convictions with their immigration-related matters.

While fundamentally distinct (immigration proceedings are civil rather than criminal), criminal convictions often have insurmountable impacts on the availability of various forms of immigration relief. This is often the case regardless of the context of someone’s conviction, such as how much time has passed since their conviction, whether they have completed the sentence imposed upon them by our criminal justice system, the contributions they have made to their community, or even whether their conviction was justified. Existing law provides avenues for individuals with certain convictions to qualify for various forms of postconviction relief, such as vacating a conviction. For many immigrants with criminal convictions, having access to legal services that would help them obtain such postconviction relief would pave the way for them to subsequently access immigration remedies. However, under existing law, someone who may otherwise be eligible for post-conviction relief and subsequent immigration relief but who cannot afford private legal services would be unable to benefit from the services provided by nonprofit legal organizations funded by the One California program. The prohibition thus stands as an insurmountable obstacle in many would-be petitioners path to immigration services, and by repealing it, this bill seemingly begins to facilitate greater access to legal services for a population with significant need.

While the bill repeals the prohibition of the use of funds on individuals with serious or violent felony convictions, it simultaneously focuses the use of those same funds. The bill authorizes applicants to use grant funding to provide “services to assist” with immigration-related matters, including “services to obtain relief that vacates, eliminates, or reduces a criminal record, conviction, or sentence that may have adverse immigration consequences.” (Section 3, Sec. 13303 (b)(2).) The bill also modifies the definition of “immigration remedies” to include legal actions, “including remedies available before federal or state agencies or courts, the [DOJ, Department of Homeland Security, or Department of State], that are necessary to enable the pursuit of immigration protections.” (Section 3, Sec. 13303 (c)(5), emphasis added.) Put more succinctly, while the bill authorizes grant recipients to use funding to provide services to individuals with serious or violent felony convictions, the types of services that they may provide to these same individuals is prescriptive. It is also worthwhile to note that the types of relief to “vacate, [eliminate], or [reduce] a criminal record or conviction” are opportunities already provided for in our criminal justice system, and this bill is not proposing expansion or development of any new forms of postconviction relief. It seems a reasonable approach to further the goal of the One California program to allow organizations to use state grant funding to assist these individuals in obtaining forms of relief that have been previously approved by the Legislature and Governor.

The bill also expands the services ISF-grant recipients may provide to include removal defense. As demonstrated by the backlog of cases in California’s immigration court, there appears to be a severe need for assistance in removal proceedings. Allowing organizations to utilize grant funds to engage in removal defense legal work would be an effective way to help ease the current burden. Additionally, the bill authorizes the ISF program to provide legal services for unaccompanied undocumented minors. Current law seems to limit the use of grant funding for unaccompanied undocumented minors to funds disbursed under the YLS program, which specifies its use for unaccompanied undocumented minors who are either in the physical care and custody of the federal Office of Refugee Resettlement (ORR) and are present in the state, or are residing with a family member or sponsor. (Welfare and Institutions Code Section 13300 (a) – (b).) This effectively excludes any unaccompanied undocumented minors who are outside of the custody of either ORR or a family member or sponsor, such as a minor living on their own or with a non-family member. Their custodial circumstances aside, all unaccompanied undocumented minors would seem to present similar needs for legal services, and authorizing use of ISF funds to provide such services seems a reasonable approach. Finally, the bill authorizes the use of ISF grants to provide services to people with the intent to reside in and who have a nexus to California. Existing law only authorizes the use of grant dollars for “persons residing in, or formerly residing in, California[.]” (Welfare and Institutions Code Section 13303 (b)(1).) This amendment would allow someone living in Nevada, for example, who plans on moving to California, to receive assistance from a grant recipient and initiate their proceedings before establishing residence within the state.

Third, the bill modifies the qualifications necessary for a nonprofit legal organization to receive ISF or YLS grant funding. Under existing law, the applicant-organization must meet five distinct requirements to receive YLS grant funding, including 1) demonstrating a minimum of three years of experience handling asylum, T-Visa, U-Visa or special immigrant juvenile status (SIJS) cases and have represented at least 25 individuals in such proceedings, and 2) have experience representing individuals in removal proceedings and asylum applications. This bill modifies the first to allow an organization to qualify if they either demonstrate the above experience or have on staff a supervising attorney or representative accredited by the United States Department of Justice (DOJ) or federal Office of Legal Access Programs (OLAP) with at least three years’ experience providing representation in civil immigration matters before the Department of Homeland Security. It similarly modifies the second requirement to allow an organization to qualify if they have on staff a supervising attorney or DOJ or OLAP Accredited Representative with at least three years’ experience and expertise in providing legal representation to indigent clients in civil proceedings before the Executive Office for Immigration Review (EOIR). These changes are mirrored in the ISF statute, as relevant to the type of services for which the nonprofit is requesting grant funding.

By modifying the qualification requirements and the services that nonprofits may provide with One California funds, this bill expands access to a limited pot of grant dollars. While this approach may lead to more organizations being able to engage in a greater array of services, it may simultaneously lead to a decrease in funding for existing services. Ultimately, it is up to the discretion of the Department to determine the best allocation of funds and the organizations themselves on how to spend their grants. Considering the demand for important services such as removal defense, any increased access to One California funding seems likely to be beneficial.

Finally, the bill modifies reporting requirements to the Legislature and establishes an ongoing advisory committee tasked with developing guidance and recommendations on policies and procedures best designed to help low-income immigrant Californians access the legal and accompanying services they need.

As previously detailed, there is an acute need for services to assist California’s immigrant communities in their immigration proceedings. While the One California program offers financial assistance for some of these efforts, expanding access to the funding would seem to be a worthwhile effort towards fulfilling the program’s underlying goal of supporting the state’s immigrant community.

ARGUMENTS IN SUPPORT: The bill is sponsored by the California Immigrant Policy Center (CIPC), the Central American Resource Center (CARECEN), the Immigrant Legal Resource Center (ILRC), and the Vera Institute of Justice. It is supported by a coalition of social justice, human rights, and immigrant rights advocacy organizations, including the California Public Defenders Association, Equality California, and Root and Rebound. It is also supported by AltaMed Health Services. In support of the measure, CIPC writes:

Since its inception in 2015 as one of the first state-funded immigration legal services programs in the nation, the One California (One CA) Immigration Services Funding program continues to provide vital access to free legal services and representation for California’s immigrant population. The Immigration Services Funding program is administered by the California Department of Social Services and funds legal services to help address the needs of low-income immigrant Californians and their families. In 2022, California’s immigration legal services programs strengthened California’s safety net for immigrants by providing legal and application assistance to tens of thousands of students, workers, individuals, and families, and legal representation to over one thousand children and adults facing detention, deportation, and family separation.

However, the Immigration Services Funding program cannot match California’s commitment to equity when the law contains exclusions to legal assistance for people facing deportation based on past contact with the criminal legal system. Withholding legal assistance from individuals based on their past interaction with the criminal legal system unduly re-punishes them for convictions for which they have already served their time or gone through a rigorous parole process in the criminal legal system. Exclusions from legal representation, based on prior convictions, are out of step with the vast majority of the dozens of local and state-funded immigration legal services programs across the country, including the nine states in addition to California that fund removal defense, as policymakers have recognized the racial inequities that they perpetuate and the harm they inflict on people facing removal and their families and communities. AB 2031 would help uphold California’s expansive vision that includes equity and inclusion at its core by ensuring immigrant Californians can access state-funded immigration legal services, regardless of past interaction with the criminal legal system.

REGISTERED SUPPORT / OPPOSITION:

Support

California Immigrant Policy Center (co-sponsor)
Central American Resource Center – Carecen – of California (co-sponsor)

Immigrant Legal Resource Center (co-sponsor)
Vera Institute of Justice (co-sponsor)

Alianza
Altamed Health Services
Asian Law Alliance
Berkeley Society of Friends
California Coalition for Women Prisoners
California Public Defenders Association
Californians United for A Responsible Budget
Central Valley Immigrant Integration Collaborative
Communities United for Restorative Youth Justice (CURYJ)
Council on American-Islamic Relations, California
East Bay Sanctuary Covenant
Education and Leadership Foundation
Ella Baker Center for Human Rights
Ensuring Opportunity Campaign to End Poverty
Equality California
Felony Murder Elimination Project
Harbor Institute for Immigrant and Economic Justice
Immigrant Defense Advocates
Initiate Justice (UNREG)
Initiate Justice Action
Inland Coalition for Immigrant Justice
La Defensa
LA Raza Centro Legal
Lawyers' Committee for Civil Rights of The San Francisco Bay Area
Orange County Equality Coalition
Reimagine Richmond
Root & Rebound
San Francisco Public Defender
Santa Cruz Barrios Unidos
Secure Justice
South Asian Network
Thai Community Development Center
Uncommon Law
Young Women's Freedom Center

Opposition

None on file

Analysis Prepared by: Manuela Boucher-de la Cadena / JUD. / (916) 319-2334