California may soon see taxpayers footing the bill for legal representation of undocumented immigrants, thanks to a new legislative proposal from Sacramento lawmakers.
Beginning next year, this proposed legislation seeks to allocate state funds to provide legal defense for all undocumented adults facing deportation, with the initiative poised to overcome its initial legislative hurdle on Tuesday.
“Having legal representation can be a lifeline, safeguarding civil rights and maintaining family unity,” stated Assemblymember Mia Bonta (D), who introduced the bill. “In California, this is fundamentally a due process matter. People risk losing their liberty, loved ones, employment, and homes during immigration proceedings.”
Previously, Bonta played a key role in passing legislation that instructed the California Department of Social Services to offer legal aid to all undocumented and unaccompanied minors in the state, citing these groups as particularly vulnerable to deportation during the Trump administration.
Legislative analysts highlighted that the initial focus on youth was a result of budget limitations. Now, Bonta aims to broaden this support to include adults, despite the state grappling with a significant budget shortfall.
The projected cost of this new bill remains uncertain. For context, the existing program providing legal assistance to undocumented minors had cost estimates ranging from $17.5 million to $77 million, according to the department.
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.
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.
