Bill would fund deportation defense for all immigrants

Measure would stop excluding aid for those convicted of serious and/or violent felonies

In California, when the federal government tries to deport someone, the funds for that person's legal defense may come from an unlikely source: the state budget.

Each year, the state sets aside about $45 million for grants to nonprofits that provide defense and other legal services to lowincome immigrants and their families. So far, the program called One California has paid for legal representation for more than 1,000 Californians facing detention, deportation or family separation, state officials say.

The money also provides outreach, education services and “affirmative immigration relief,” which is when an immigrant applies for asylum directly to immigration authorities while not involved in deportation proceedings. Not everyone can access these legal reserves. Immigrants who have been convicted of serious or violent felonies are excluded from accessing state funds for legal representation during removal proceedings.

Assemblymember Reggie Jones-Sawyer, a Democrat from Los Angeles, wants to remove that barrier to legal support. In February he introduced a bill that would expand the One California program by excising its exclusions for immigrants convicted of serious or violent felonies.

Serious and violent felonies cover a wide variety of crimes, ranging from robbery to murder.

Jones-Sawyer views this as a civil rights issue, saying immigrants should have the same rights to representation and due process as everyone else.

“The Rep for All Immigrants Act ensures racial justice and true equitable access to crucial immigration services for all — not some,” he said.

In 2016 then-state Sen. Ben Hueso, a Democrat from San Diego, introduced a similar bill, called the Due Process for All Act. It was part of a legislative package answering President Donald Trump's anti-immigrant threats to deport millions of people.

Hueso's bill did not pass the Assembly, but it became part of a budget trailer bill. Since 2017, it has been part of the One California program.

The legal assistance is one of the ways the Legislature has attempted to stand against antiimmigration policies. Other measures have expanded eligibility for state-run health insurance and the state's earned-income tax credit to more immigrants living here illegally.

In many states, immigrants facing deportation generally are not provided free legal counsel in federal immigration courts, not even children.

Opponents of Jones-Sawyer's bill question using funds for this purpose while California faces a $22.5 billion budget deficit, though it's unknown how much expanding the services would cost.

Advocates say putting up barriers to legal services for people convicted of serious crimes creates a two-tiered system of justice, where only certain people get due process.

“This bill will ensure immigrant Californians can access high-quality, comprehensive services, relief and protections, allowing them to continue their lives with dignity and fairness,” said Shiu-Ming Cheer, deputy director of programs at the California Immigrant Policy Center, a co-sponsor of the law.

The bill would pay for legal representation, investigative services, interpreters and translations, expert witness services, and supportive and reha