Existing law, subject to available funding, provides legal counsel to immigrant youth in the State of California. Existing law requires the State Department of Social Services to allocate funding for these purposes, and requires the department to consider whether federal funding has been made available and dispersed to organizations or relevant projects in the state in determining the amount and allocation of contracts awarded. Existing law requires the department to contract with qualified nonprofit legal services organizations, or public defender offices, that meet certain requirements to provide legal counsel to immigrant youth.

This bill would, subject to the availability of funding, similarly provide legal counsel to every covered individual subject to certain immigration proceedings if that individual is not otherwise being provided counsel, as specified. The bill would define a covered individual to include an individual who is not represented by counsel and who satisfies the indigency requirements established by the administrator and one or more of certain specified criteria relating to the connection of them or their immigration case to the State California. The bill would require these provisions to be implemented by an unnamed administrator, or their designee, by January 1, 2027, and would specify the duties and authorities of the administrator, or their designee, with regard to implementation, including, among others, the authority to develop and implement a phase-in plan. The bill would require the administrator, or their designee, to contract to provide legal counsel for covered individuals with qualified nonprofit legal services organizations or public defender officers that meet the requirements referred to above, or with private firms or private attorneys who meet the criteria for participation in a private attorney panel. The bill would require the administrator to annually submit a report to the Legislature regarding the implementation of these provisions.