Agenda

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FINANCE COMMITTEE

Meeting Date:	03/26/2018
Subject: Regional Undocumented Immigration Defense Program
Submitted For:	Robin Lipetzky
Department:	Public Defender
Referral No.:	3-20-18 C.41
Referral Name:	Regional Undocumented Immigration Defense Program
Presenter:	Ali Saidi, Deputy Public Defender	Contact:	Ali Saidi (510) 412-4900

Information

Referral History:

CONSIDER proposal by the Public Defender to participate in a regional undocumented immigration defense program with the San Francisco Public Defender's Office as the lead agency.

Referral Update:

On March 20, 2018, the Board of Supervisors referred the matter of participation in a regional undocumented immigration defense program with the San Francisco Public Defender's Office to the Finance Committee.

The Public Defender's Office provided the following information for referral consideration.

POTENTIAL FISCAL YEAR 2018/2019 STATE FUNDING FOR ADDITIONAL IMMIGRATION ATTORNEYS
This report is intended to provide the Finance Committee with a brief outline of a proposal being forwarded by the City of San Francisco and the San Francisco Office of the Public Defender which could result in significant state resources flowing to our County. There is an emerging new opportunity to increase the services that our County can provide to our immigrant families by leveraging $7 million dollars in funding from the State of California to be distributed to the various Public Defender offices throughout the Bay Area to provide nearly universal due process representation for immigrants detained and facing the rigors of immigration court without the benefit of legal counsel.

As a bedrock principle of justice in the United States, those who are accused of crimes have a universal legal right to representation to ensure due process, even if they cannot afford an attorney. In stark contrast, however, immigrants facing deportation hearings are not entitled to the appointment of an attorney at no cost. In fact, approximately 80% of people going through the Northern CA Immigration Court who recently had deportation orders filed against them did not have legal representation. Studies show that when represented by an attorney, immigrants are far more likely to be reunited with their families and achieve legal status to allow them to stay in the country. This lack of basic due process protections for our immigrant families is a large part of what prompted Contra Costa County to fund and launch Stand Together Contra Costa this year.

In the Northern CA Federal Immigration Court, located in San Francisco, over 1,700 individuals per year are detained awaiting deportation proceedings, kept away from their families and jobs. With increases in immigration enforcement and detention since the election of Donald Trump, this number will likely rise significantly in the coming years. Approximately 80% of these incarcerated individuals are unrepresented and in need of legal representation to ensure that their due process rights are protected. While Stand Together Contra Costa, directed by the Office of the Public Defender, will be able to provide three (3) attorneys to provide crucial immigration due process representation for some of our Contra Costa immigrant families, the overall need is much greater than what three attorneys can provide. In coordination with the City of San Francisco and Public Defender Offices throughout the Bay Area, there is a new effort to secure $7 million annually in new funding from the state of California to provide nearly universal due process legal representation for detained immigrants appearing before the immigration court in Northern California and appeals arising out of those cases to the Board of Immigration Appeals, Ninth Circuit, and/or U.S. District Courts.

The state funds would be used to enable Bay Area Public Defender Offices, including the Office of the Public Defender for Contra Costa County, to hire immigration attorneys to serve Northern CA residents that flow through the court. The details of the proposal are still being developed, but it is contemplated that Contra Costa County would potentially receive up to 30% of the annual $7 million-dollar allotment for the Office of the Public Defender to hire 7-8 immigration attorneys and 3 support staff along with additional funding for office space. The proposed model would also include other Bay Area Public Defender Offices hiring immigration attorneys in order to provide geographic coverage and regional equity across the Bay Area in providing these crucial services to those facing deportation proceedings without the benefit of due process representation. This funding, and the staffing that it would provide, would be complementary to the Stand Together Contra Costa services and mission and would allow us to truly ensure that Contra Costa County continues to be a leader in protecting the due process rights of all our residents.

The projected timeline is to secure the $7 million dollars in state funding for use in the 2018/2019 fiscal year (beginning this July). Ali Saidi, from the Office of the Public Defender, will continue to work with the coalition of Bay Area Public Defender Offices and the City of San Francisco to ensure that the needs of Contra Costa County residents are properly considered in this effort to provide nearly universal due process representation for those detained by immigration authorities in Northern California.

Recommendation(s)/Next Step(s):

DIRECT the Public Defender's Office to report back to the Finance Committee to keep the Board of Supervisors informed about this exciting and quickly developing opportunity to obtain state funding.

Fiscal Impact (if any):

The details of the proposal are still being developed, but it is contemplated that Contra Costa County Public Defender's Office would potentially receive up to 30% of the annual $7 million-dollar allotment from the State of California to hire 7-8 immigration attorneys and 3 support staff along with additional funding for office space.

Attachments
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