Immigration: access to legal counsel.

Plain English Breakdown

The official source material does not provide details on how much funding will be allocated and from where it will come, leaving this information uncertain.

Immigration: Access to Legal Help

This law makes sure that people going through certain immigration processes in California can get legal help if they need it and cannot afford it, subject to available funding.

What This Bill Does

• Provides free legal counsel for individuals who are not already getting help with their immigration cases and meet specific criteria.
• Creates a new office within the Department of Social Services to oversee this program.
• Requires the administrator of this office to make contracts with qualified organizations or lawyers by January 1, 2027.
• Makes sure that reports about how well this program is working are sent to lawmakers every year.

Who It Names or Affects

• People going through certain immigration processes in California who cannot afford legal help and meet specific criteria.
• Nonprofit organizations and lawyers who can provide legal services under the new program.

Terms To Know

Covered individual

A person who needs help with their immigration case, is not represented by a lawyer, and meets certain financial or connection criteria to California.

Administrator

The person in charge of overseeing the new program that provides legal help for covered individuals.

Limits and Unknowns

• This law only applies if there is enough money available.
• It does not specify how much funding will be provided or where it comes from.
• Details about who qualifies as a 'covered individual' are left to the administrator to decide.

Official Summary Text

AB 2600, as amended, Bonta.
Immigration: access to legal counsel.
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 the department to establish the office of the administrator within the department to oversee implementation of these provisions.
The bill would require
these
the
provisions to be implemented by
an unnamed
the
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.

Current Bill Text

Download Bill PDF