The Brief

Up against a massive court backlog that can drag their cases for years, asylum seekers face steep costs when pursuing their dreams of college in California.

Asylum-seeking students in California often face a double blow: they are charged higher tuition for nonresidents and excluded from most financial aid. For students and their families, this can mean thousands of dollars paid out of pocket and years of financial stress as their immigration cases remain unresolved.

Before establishing residency, asylum-seeking students are charged non-resident rates, which are about three times what state residents pay for public universities and roughly eight to 13 times more for community colleges, depending on the district.

All asylum seekers are disqualified from federal financial aid. The few who qualify for California’s state aid may never know their options, or face hurdles in obtaining it due to a patchwork of financial aid processes.

The state’s higher education systems are not mandated to track asylum seekers, making state budget impacts nearly unquantifiable during legislative attempts to expand financial aid eligibility.

“I only see them struggling,” said Eric Cline, social services program director at OASIS Legal Services, which supports LGBTQ+ asylum seekers across the Bay Area and Central Valley. “I’m always surprised (when) a few clients tell me 'I just graduated from college.’ I think, ‘Wow, how did that happen?’”

Policy changes stoke uncertainty for asylum seekers

Asylum seeking is one of the least-protected immigration statuses in the U.S. Asylum seekers, who’ve fled their home countries fearing persecution and are asking the U.S. for protection, differ from refugees, whose status is granted before they enter the country. Asylum seekers apply upon arriving in the U.S.

Applicants can stay as their cases remain pending for years, though experts say the Trump administration is expediting deportations for numerous asylum seekers and ending cases before they can receive a full hearing.

As of February 2026, a little over 2.3 million immigrants are awaiting asylum hearings nationwide, according to Syracuse University’s Transactional Records Access Clearinghouse, which tracks federal activity. The most recent data shows California alone had about 169,000 pending asylum cases in its immigration courts by the end of 2023 — the second-largest backlog of any state. The average wait for an asylum hearing in California was 1,412 days at that time.

The Trump administration paused asylum cases in November, creating even further delays. The administration has now allowed cases to resume for applicants from all but 40 countries. In the San Francisco immigration court system, which is popular among asylum seekers due to higher acceptance rates, a combination of firings by the Trump administration, retirements and relocations whittled the 21 immigration judges to two, according to reporting in Mission Local. Left behind is a caseload of nearly 119,000 immigration cases, the highest of any immigration court in California.

President Trump’s “Big Beautiful Bill” also established new fees for asylum seekers, placing additional pressure on an already low-income population. Applicants must now pay an initial $100 application fee plus $100 per year while their case is pending, $550 for a work permit, and $745 each year to renew the permit. In addition, a new rule proposed by the Department of Homeland Security would effectively end the ability of asylum seekers to obtain work permits at all.

Royce Hall on the UCLA campus

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As they await a decision, asylum seekers are excluded from federal aid and some state financial aid programs, including Cal Grants under California law.

For one asylum seeker, Carol, being ineligible for financial aid meant she had to take time off from school to work to make ends meet. CalMatters is not using her full name because she fears speaking publicly may jeopardize her asylum case.

Carol did speak before the Assembly Higher Education Committee in 2023 urging lawmakers to pass AB 888, which would have expanded Cal Grant eligibility to certain asylum seekers. The bill ultimately did not pass.

She said she arrived in the United States at 17 and had spent more than six years waiting for her case to move through immigration courts, a period during which she said she was ineligible for financial aid.

“I’ve had to delay my educational journey several times, including going part-time and even taking a semester off from school to work,” Carol told lawmakers.

Without access to aid, she said she experienced homelessness, couch surfing and at one point slept on a mattress topper on a hardwood floor because she could not afford a bed. She worked multiple jobs at a time, skipped meals and attended class without the required course materials.

Her story, she said, was not new. Carol told the committee that four years earlier her brother had testified with a nearly identical experience on behalf of a previous bill that was ultimately vetoed, a cycle she argued could have been prevented.

“Had California taken action then, I wouldn’t have had to face the harrowing experiences that I shared with you today,” she said.

Despite the barriers, Carol graduated from Cal State Long Beach and worked as a caseworker with the International Rescue Committee, helping resettle refugees and asylum seekers. She told lawmakers she hopes to pursue a law degree and become an international human rights attorney.

The narrow path to college aid for asylum-seeking students

Many asylum seekers arrive eager to continue studies they began abroad, but quickly run into what Cline calls “a brick wall."

“All of our clients are low-income … they’re almost never eligible for generalized financial aid,” he said. “When you take away the financial aid aspect, it makes (college) pretty inaccessible.”

For California residents, annual undergraduate tuition is $15,588 at the University of California, $6,838 at the California State University and about $1,380 for 30 units at a community college. Students classified as non-residents — including some asylum seekers before establishing residency — can pay $54,858 at a University of California, about $20,968 at a Cal State before campus-based fees, and roughly $10,140 to $13,560 for 30 units at a community college, depending on the district. These figures do not include campus-based fees, housing or living expenses.

Even when students do manage to establish residency, the cost is still steep. For the many asylum seekers who arrive in the United States as adults, they may not have attended a California school previously, barring them from qualifying for state financial aid.

AB 540, the 2001 law that exempts undocumented students from paying non-resident tuition, only applies if the student attended a California high school or community college for three years.

Those who qualify through AB 540 can fill out the California Dream Act Application for state financial aid, such as Cal Grants, university system-specific grants, state loans, and the state’s middle class scholarship.

The application process can still be confusing for asylum seekers whose status is not fully accounted for in the design of the application. For example, asylum seekers often have Social Security numbers for work authorization, but affirming so while answering the financial aid pre-screening questions leads to undetermined eligibility because the questions don’t take into account the nuances of applying as an asylum seeker.

Stickers and flyers on a table in the Undocumented Community Center at the College of San Mateo in San Mateo, on Nov. 28, 2023. At this center, undocumented students can access financial and legal aid as well as guidance in navigating grant applications.

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Asylum seekers often require extra help from financial aid counselors, but even counselors may not know how to help navigate eligibility rules. Students often wind up seeking help from undocumented student resource centers on public campuses, which are designed to help students who lack legal residency and those from mixed-status families find aid and academic support.

Kaveena Singh, the director of immigration legal services at the East Bay Sanctuary Covenant, which provides legal services to low-income immigrants, noted that she herself has written letters to financial aid offices to help explain the in-between nature of the few asylum-seeking students she has served.

As an asylum-seeking student in his mid-20s, L. ended up qualifying for state financial aid through AB 540. However, he misunderstood for six years exactly what aid he qualified for. L. wished to withhold his name and the names of the institutions he’s attended for fear of negative impacts on his pending asylum case.

Initially, community college didn’t cost him anything — but when he transferred to a large four-year university, the cost of college soared. He went to his university's financial aid office for help so often that all the staff there knew his name. It was a "big relief” when he was finally able to successfully fill out the California Dream Act Application, and obtain financial aid for his summer and fall quarters.

L.'s asylum case has been pending for nine years. He, his dad, mom and younger brother arrived in the United States in the winter of 2016, claiming asylum under fear of political retribution. His father organized political assemblies in China, and his mother was forced to have an abortion under the one-child policy.

“I just wish I could go home and visit family and friends and catch up for a good few weeks in the summer here and there to reconnect with my past,” L. said. “It's like there's two separate lives, like two entities being artificially cut.”

L. worked throughout high school and college, and worried about affording school.

Most days, the combination of family trauma and the limbo of waiting for his case means L. survives through “constant compartmentalization.”

In the meantime, he tries to carry on — he studies politics, and is interested in international relations and human rights.

"As rough as all that's happened, the silver lining is that one day hopefully I get a passport and a green card," L. said. "To help other people avoid such a hassle will be just as fulfilling for me."

Previous legislative efforts have failed

Legislative bills to extend state financial aid eligibility to asylum-seeking students have been introduced at least twice in recent years but have failed.

One attempt came in 2019, when Sen. Ben Allen, a Democrat from El Segundo, introduced SB 296, a bill that would have extended Cal Grant eligibility to students with pending asylum applications. The measure passed the Legislature with some bipartisan support, but was vetoed by Gov. Gavin Newsom, who said that it would "impose costs on the General Fund that must be weighed in the annual budget process."

“That was frustrating, but I understood it,” Allen told CalMatters. “The real issue is that we don’t have good data. Our schools don’t track asylum seekers, so we can’t easily calculate the cost.”

UC data on asylum-seeking students is protected due to privacy policies, according to Stett Holbrook, a UC spokesperson. The Cal State system reports it has less than 500 students with "asylum status," which includes both those who have an asylum granted and asylum seekers, according to Cal State spokesperson Amy Bentley-Smith. The numbers are self-reported during the admissions process.

In spring 2025, 13,507 students self-identified as “refugee/asylee” across the California Community Colleges — up from 11,537 the prior semester — per the CCC DataMart. The data does not include a category for just asylum seekers. Students can self-identify their immigration status while applying, but asylum seekers are not specifically tracked, according to the college system’s spokesperson Melissa Villarin.

Four years after SB 296 failed, Democrat Sabrina Cervantes — then representing Riverside in the Assembly and now as a state senator — revived the proposal through AB 888, introduced in 2023. Like Allen’s earlier bill, AB 888 sought to make Cal Grants accessible to students with pending asylum applications by creating a direct eligibility pathway outside the AB 540 residency requirements. The bill passed the Assembly unanimously but was held in the Senate Appropriations Committee last September, effectively ending its chances for the year.

Cervantes declined an interview with CalMatters. “My Assembly Bill 888 would have created a new pathway for pending asylum seekers in California to apply for Cal Grant financial aid in pursuit of their higher education,” Cervantes wrote in a statement.

Newsom’s office declined to say whether he would support a future version of the proposal, pointing instead to his brief 2019 veto message.

“There’s nervousness around anything that involves new expenses," Allen said. “... We’re going to have to spend some time seeing what information we can get with regards to better data to get better estimated costs. I think that will help to better inform the conversation."

Andrea Baltodano and Chrissa Olson are contributors with the College Journalism Network, a collaboration between CalMatters and student journalists from across California. CalMatters higher education coverage is supported by a grant from the College Futures Foundation.

This article was originally published on CalMatters and was republished under the Creative Commons Attribution-NonCommercial-NoDerivatives license.

Immigration courts inside the Justice Department are drastically accelerating immigrants' hearings and bunching them together with the goal of issuing more deportation orders.

The new and unprecedented tactic was shared with NPR by immigration attorneys and the American Immigration Lawyers Association, a trade association that tracks trends in these courts.

Immigrants are now being scheduled for massive master calendar hearings — or "mega masters" — that include 100 or more people at a time. That's up from two or three dozen people at a time, which had been typical before for a first hearing. For many immigrants, this is their first appearance in court to try to make their case to be able to stay in the U.S.

Attorneys say these new hearings largely target people without lawyers representing them. Those who show up late, or not at all, are receiving removal orders, further truncating the already-limited due process available to immigrants.

"The major concern is that [since] this is going to be a group of people without attorneys, that they're not going to have gotten proper notice," said Vanessa Dojaquez-Torres, practicing policy counsel at AILA, adding that courts often lack enough seats for hearings with so many people at once. "So it's almost like they are being designed to increase" how many people get deportation orders automatically, she said.

The Executive Office for Immigration Review, the agency that runs the immigration courts at the DOJ, did not respond to a request for comment on this new strategy.

Lawyers said the practice had started in the Chicago, Boston and Chelmsford, Mass., courts and is soon to start in the Dallas Immigration Court.

The effort comes as President Donald Trump seeks to deport a million people a year — much higher than the 600,000 people the administration deported in 2025. Trump has also complained about the backlogs of millions of cases inside immigration courts, pointing to courts as an obstacle to rapid deportation.

No notice, overwhelmed courthouses

When someone does not appear for their scheduled hearing, even by mistake, the judge can issue an official removal order that allows immigration officers to detain and deport the person. That's been happening a lot more often under this Trump administration, an NPR analysis found last year, with fewer people showing up in court for fear of being detained.

Dojaquez-Torres and other immigration attorneys who spoke to NPR worry that immigrants, especially those without a lawyer, may not know that their hearing dates had been rescheduled for a sooner date, leaving them vulnerable to deportation.

She added that in some cases, little to no notice is being issued by the government by mail or electronically to immigrants or their lawyers, meaning those not regularly checking their online accounts could miss any changes.

These "mega masters" are made up of people whose original hearings were scheduled for 2027, 2028 or 2029.

"They're anticipating that the majority will not show up and they'll just be able to say that they completed X number of cases because they'll be in absentia orders of removal," said one Texas-based immigration attorney. The attorney spoke to NPR on the condition of anonymity out of fear of reprisals for their ability to practice in Texas courts.

The attorney noted that if people do show up to the massive hearings, it could overwhelm court staff and judges and overcrowd courtrooms.

In some cases, attorneys said their clients may benefit from cases getting scheduled sooner, even if it increases pressure and creates sudden legal filing deadlines. However, most people in immigration court do not have a lawyer and are unlikely to see these benefits.

DOJ begins to staff up to take on cases

This is not the first time the agency has pushed to streamline cases under Trump's second term.

EOIR has also moved to quickly prioritize cases of people from specific nationalities, including Somalis, Syrians and Iranians. And, cases of juvenile immigrants are also being pushed up, their lawyers say.

The strategy of hosting mega masters comes as the DOJ announced its largest-ever class of new immigration judges. Last week, the agency onboarded 77 judges and five temporary military lawyers serving as judges. The agency has boasted hiring 153 immigration judges this fiscal year, the most in any year.

"The Trump administration is committed to reestablishing an immigration judge corps that is dedicated to restoring the rule to the law in our nation's immigration system," Acting Attorney General Todd Blanche said in a statement.

The rapid hirings come after EOIR lost about a quarter of its immigration judges last year, with more than 100 of them fired. And even as more judges were hired last week, several more were fired the same day, including in courts in New York and California.

An NPR analysis last year found that judges with backgrounds in representing immigrant clients were more likely to be fired compared to those who only had prior experience working at the Department of Homeland Security.

Copyright 2026 NPR

Two of California’s largest courts are testing an AI tool that can draft orders and produce research memos.

Judges so far are using it primarily for civil cases, but documents obtained by CalMatters indicate the possibility of expanded applications in criminal cases, where people’s freedom and access to justice are on the line.

The Los Angeles County Superior Court began a pilot program in February to test a tool created by the company Learned Hand. Other courts may follow, according to Learned Hand founder and chief executive officer Shlomo Klapper.

Learned Hand uses a combination of language models from Anthropic, OpenAI and Google to act as an AI clerk for judges. The company says it tests for bias and accuracy, but it has not yet published results.

In Riverside County, which has a $10,000 agreement with the company to test the program, civil and probate attorneys are primarily using the tool to draft research memos that help judges reach their decisions. It’s typical for research attorneys to assist judges as they review cases.

Los Angeles County Superior Court has a roughly $314,000 contract that includes a roadmap to test the tool’s use in criminal, family and probate divisions. Officials would not describe in detail to CalMatters the criteria they’re using to evaluate whether use of the tool can safely expand to criminal and family courts, where the stakes are often much higher than in civil cases.

One judge who spoke to CalMatters on condition of anonymity due to judicial rules of conduct was alarmed when their colleagues at a recent luncheon said the technology could be used one day to evaluate appeals from people who believe their conviction or sentence was tainted by racial bias. California courts are handling a wave of those claims after lawmakers passed the Racial Justice Act in 2020.

“I think it is outrageous,” said the Los Angeles County Superior Court judge. “AI cannot and never will be able to replace human judgment in evaluating complex social dynamics. Ultimately, that will erode the public’s confidence in the competence and fairness of the judiciary.”

A majority of California's superior courts now have generative AI use policies, according to documents obtained by CalMatters via public records requests, which they were required to create by the state Judicial Council before using the technology. Roughly a dozen of the 51 courts that have responded to CalMatters’ requests said they are using AI-powered tools from LexisNexis, Thomson Reuters, and Microsoft’s Copilot.

Use of AI in courts has been controversial because of the propensity of AI models to cite falsehoods and to produce sycophantic text. Models from major companies like Google and Anthropic can reduce critical thinking and brain activity, according to a 2025 MIT study.

Language model hallucinations have already made it into the judicial system. Researcher Damien Charlotin has documented hundreds of instances of litigants, lawyers, and judges making mistakes when using AI to do their jobs including nearly 90 cases in state or federal courts based in California since August 2024.

Last fall, a Los Angeles-based lawyer received a historic $10,000 fine for citing cases that don’t exist, and earlier this month the Sacramento Bee reported that use of AI led to errors in four cases handled by prosecutors in Nevada County. Most of these cases involve lawyers or people who are representing themselves in court, but UCLA Law School professors predict that more judges will make AI-fueled mistakes in the future. In recent months, the U.S. Senate investigated federal judges in Mississippi and New Jersey for drafting decisions with generative AI that had serious factual errors.

Klapper, who previously worked as a clerk for a federal appeals court and for surveillance technology company Palantir, said the judiciary needs AI in order to reduce backlogs and increase efficiency.

“Could we hire more people?” he told CalMatters. “Maybe, but it’s not going to keep pace with the exponential increase that’s coming, nor is it going to be able to adequately solve the crisis of today. I think the only solution is to give every single judge and staff attorney their own AI clerk.”

Klapper said he’s aiming to combine the best parts of what human judges can do with the best parts of what machines bring to bear.

“I’m not saying all machines aren’t biased,” he said. “I’m not saying my machine isn’t even biased. I’m saying we can test it and people have tested it. And that is the benefit over humans.”

Generative AI use policies for the Los Angeles and Riverside County superior courts only require disclosure if a motion, decision, or other document is written entirely with generative AI.

Both courts refused to say whether plaintiffs are aware that the tool is being tested on their cases. In a statement to CalMatters, a spokesperson for the Los Angeles County Superior Court said testing is done on motions that have already been decided, separate from live case environments. However, the contract allows for testing on live cases.

“It is important to note that even with successful evaluation and thorough testing, the Court remains several months, if not years, away from implementing this type of tool,” said the spokesperson.

The contract allows the tool to be used for two critical motions in the criminal division: A motion to suppress, which is designed to determine what type of evidence the prosecution is allowed to present at trial, and motions for post conviction relief, which are filed by people who have already been convicted and want another shot at freedom.

That’s the “greatest concern” for Los Angeles County District Attorney Nathan Hochman. When he reviewed the contract, he referred to the motions as “two incredibly important motions in the criminal justice system.”

“When you’re dealing with someone’s liberty — as opposed to in the civil setting, which is everything other than liberty — the stakes couldn’t be higher,” said Hochman. “I don’t want to take the chance, particularly in a criminal case, that AI happens to get it wrong. And now someone’s constitutional rights have been infringed. Someone has gone to prison who shouldn’t have, or on the flip side, that somehow someone gets off.”

'An extremely perilous road'

In Los Angeles, some judges first heard about the new Learned Hand contract during a March presentation by Superior Court Judges Yvette Verastegui and Olivia Rosales. They lead the criminal branch and visit courthouses throughout the county as part of an annual roadshow, where they update judges on court operations, discuss workload and field questions. During a luncheon, Verastegui and Rosales said the tool could be used to assist with Racial Justice Act petitions in the future.

California’s Racial Justice Act allows people to challenge a criminal conviction or sentence that they believe was based upon racial bias. Petitions are filed directly to the court from people in state prison. If a case is found to have merit, the process includes appointing legal counsel, filing briefs and setting evidentiary hearings before a judge would decide whether to grant the petition.

That process could look different with a tool like Learned Hand. Verastegui and Rosales explained that, following an incarcerated person’s petition, the tool could generate tentative decisions for judges to consider in denying or advancing cases to the next stages, according to one judge who attended the luncheon.

“The concern, of course, that I have is that the courts will utilize that as a reference point and then get stuck to that initial analysis,” said the judge. “It’s an extremely perilous road to go down. Putting aside the inaccuracy, which will be a significant concern, it dehumanizes the whole process. It does not treat people as individuals with lived experiences. It essentially reimposes a one-size-fits-all style of justice.”

A second Los Angeles Superior Court judge who spoke with CalMatters on the condition of anonymity remembered the presentation and said they would not trust nor use the tool to summarize a Racial Justice Act petition.

AI can replicate or intensify patterns contained in the data used to make a model, including human biases. Large language models have a history of demonstrating race and gender bias, an analysis of predictive policing tech used by LAPD found racial bias, and an analysis of the risk assessment algorithm COMPAS found that it is more likely to label Black people as at risk of committing crimes after incarceration than white people with a similar record.

Public defenders who spoke with CalMatters echoed those concerns.

Elizabeth Lashley-Haynes, a deputy public defender at the Los Angeles County Public Defender’s Office, said it would be “highly problematic and bordering on unethical” for a judge to use the tool to review Racial Justice Act petitions, which she described as “incredibly nuanced.”

“They’re like nothing else in the legal system that has ever really been done,” said Lashley-Haynes, who specializes in Racial Justice Act cases. “Words that are used in these cases that have racial undertones or racial meanings are way beyond the realm of anything that artificial intelligence could do.”

In interviews with CalMatters, Klapper and Los Angeles County Superior Court Executive Officer, David Slayton, denied that the court has any plans to use the tool for Racial Justice Act petitions. A spokesperson for the Los Angeles Superior Court later confirmed in an email to CalMatters that the contract permits the tool to be used in such a way “but that possibility has not commenced in any way.”

Klapper said if they were to build out a Racial Justice Act module, the tool would need to be evaluated for bias and co-developed with the court.

“The timing very fortuitous, right?” he said. “It’s a very fraught decision, I’m not going to lie…extremely high stakes — a scenario where I understand people might be very concerned. Especially with criminal, I have even more hesitancy, even more guardrails than normal about, because there are liberty interests at stake.”

Extending beyond civil cases

In Los Angeles, six superior court judges and their research attorneys are primarily using the Learned Hand tool to conduct research, summarize motions and assist in drafting tentative rulings, according to Slayton. He says the tool won’t move beyond the civil division “until the court leadership is comfortable.”

“The court is being very deliberate and careful about how we use technology like this,” he said. “So until we evaluate it and determine that it is effective in those areas, we will not extend it to other areas.”

Los Angeles County Superior Court's Hollywood Courthouse, in Los Angeles, on March 12, 2025. Photo by Jules Hotz for CalMatters The tool will be evaluated on a quarterly basis to determine its future application, Slayton said, but he did not specify what kind of evaluation that entails. In an email to CalMatters, a spokesperson later said that Learned Hand is evaluated “against the same substantive expectations applied to law clerks and research attorneys: accurate legal research, sound analysis, neutral and judge-ready writing, and reliable work product that supports judicial decision-making.”

Los Angeles County Superior Court Judge Samantha Jessner, who chairs the Judicial Technology Advisory Committee, said she was unaware of the possibility that the tool could eventually be used outside of the civil division until recently. Judges are not privy to contract negotiations due to certain ethical limitations, she said.

“I think we have a duty and obligation to explore whether or not there is a place for artificial intelligence in what we do as a judicial branch and that’s exactly what this pilot is intended to afford us the opportunity to do,” said Jessner.

Riverside County Superior Court signed an agreement with Learned Hand in February. In emails obtained by CalMatters, Klapper proposed to two Riverside County Superior Court executives, Jason Galkin and Sarah Hodgson, that the court use the tool for a common civil court motion and “then expand quickly once we earn our stripes.” He suggested that Hodgson assemble a list of motions and workflows “that generate the most pain,” citing examples that included the Racial Justice Act.

Roughly two weeks later, Hodgson described the most laborious motions “that want to drive us into retirement,” including discovery motions and attorney fee motions. For criminal cases, the court suggested that Klapper focus on “things with the largest paper records,” citing death penalty habeas petitions and parole revocation.

Since the pilot started, seven civil and probate attorneys have been granted access to the tool. Galkin, the chief executive officer of the Riverside County Superior Court, said they are “kicking the tires on the product” to see what tasks it can do. The tool is not being used to draft tentative rulings, he said.

“We don’t even know if expansion is likely so there is no set criteria for what expansion might look like or thresholds for that because right now, the core question is: Does this help staff and does it advance what they’re trying to do in their roles?” said Galkin.

As testing is underway, attorneys like Hochman say that use of AI is inevitable, but would be better suited for low-level, repetitive and routine tasks.

“It’s the analysis of the case itself, coupled with the conclusions that will be reached, that I’m very hesitant to trust AI at this point — in large part, because I don’t know all of the inputs that AI is using to make its decision. The only thing I’m 100% sure of is that AI didn’t go to law school,” said Hochman.

Cayla Mihalovich is a California Local News fellow.

This article was originally published on CalMatters and was republished under the Creative Commons Attribution-NonCommercial-NoDerivatives license.

California’s Board of Equalization is a coveted spot once again for state lawmakers looking for a new gig almost a decade after then-Gov. Jerry Brown signed a law gutting the organization of any serious governing responsibility.

This year, three current state lawmakers are competing for seats on the nation’s only elected tax board. They’re among some two dozen candidates on the ballot for its four elected positions, which are divided by geographic districts.

The board has long been a launching pad to higher offices in California politics — Fiona Ma served on it before becoming state treasurer, as did Betty Yee and Malia Cohen before each being elected state controller.

The agency itself is a throwback to the 19th Century. It’s rooted in an 1879 constitutional amendment that created it and charged it with “equalizing” county property tax assessments statewide.

From that narrow mandate, it swelled to become a juggernaut that collected a third of the state’s tax revenue and provided a venue for people and businesses to contest their tax bills in front of the elected board. It survived numerous efforts by governors to kill it outright, including attempts by Pete Wilson and Arnold Schwarzenegger.

That is until 2017, when a cascade of allegations about board members misusing the office to promote themselves led to an authoritative state audit that lawmakers could not ignore.

Brown signed a law stripping the agency of any powers beyond what voters gave it in 1879 and created two new departments that report to the governor instead of the elected board: one to collect sales and use taxes and another to hear taxpayer appeals.

After that, Board of Equalization elections tended to be lower profile contests. Ted Gaines, a former Republican state lawmaker from the Sacramento area, won a seat. Former Democratic Assemblymember Sally Lieber is up for reelection on the board this year. The other members had experience in local politics instead of inside the Capitol.

“We’re lean but we’re not mean,” said Lieber, the incumbent for District 2, which includes 19 counties centered on the Bay Area. “I think the Board of Equalization is the right size in the system right now…I do really believe that the board has a role to play in being a forum for taxpayers to come forward to.”

This year voters will see more contentious elections for the tax board:

• In District 1 representing inland California, Republican state Sen. Shannon Grove of Bakersfield has more than $900,000 in a campaign account and name recognition from her representing the San Joaquin Valley in the Legislature since 2010. Democrats are putting up a fight for the district. Fresno City Councilmember Nelson Esparza is running with the party’s support.
• In District 2 representing coastal California north of Los Angeles, incumbent Lieber faces San Mateo Community College District Trustee John Pimentel. Lieber has the Democratic Party’s endorsement, but a number of Bay Area Democratic leaders are backing Pimentel, including state Treasurer Ma and San Jose Mayor Matt Mahan.
• In District 3 representing the Los Angeles area, former Monterey Park City Councilmember Yvonne Yiu put up $760,000 of her own money and has about $1 million on hand. The race has another heavyweight in Assemblymember Mike Gipson, a Democrat from Gardena who has served in the Legislature since 2014. 
• District 4 representing the San Diego area has an especially crowded race with Democratic state Sen. Tom Umberg of Santa Ana, San Ysidro school board member Martín Arias, San Diego Unified School District board member Cody Peterson, and Denis Bilodeau, a Republican supported by San Diego Assemblymember Carl DeMaio’s Reform California organization.

A forum for California taxpayers

The board was always popular among taxpayer advocacy groups, who liked that it provided a forum to focus on tax issues in a capital where debates often center on labor and business.

“It’s a very useful elected body that answers to the voters,” said Susan Shelley, vice president of communications for the Howard Jarvis Taxpayers Association.

Some of this year’s candidates are thinking of ways to make the most of the agency.

Arias believes the board could do more to assist homeowners and potential homeowners. As a taxpayer advocate in the San Diego County Assessor’s Office, he says he works with the Board of Equalization every day and has a front seat to how the system works.

“I think there’s a bigger opportunity here to make the Board of Equalization the constitutional office that it is — that it should be,” he said. “There’s a clear opportunity here for us to start advocating at the state level for all of our taxpayers, including those that don’t speak English.”

Umberg said he’d like the board to have more investigative power and resources. Citing instances in which San Bernardino and Los Angeles assessors have been arrested on felony charges, he said he’s most interested in the board’s oversight of property tax assessors.

“Although it’s not a high-profile job, it’s a critically important job, especially when we’ve got so many revenue challenges in California,” Umberg said in an interview with CalMatters.

Questioning BOE’s relevance

Advocating for the board’s expansion has drawn criticism from former board members and employees. Yee, a board member from 2004 to 2014, has been vocal about abolishing the board entirely because she believes that its limited responsibilities could be easily transferred to another department or agency.

“I just really do question how this board continues to have relevance,” she told CalMatters. “I sometimes feel like the board is really doing a lot of work in search of finding problems to solve. …I know with each of the board members, they feel very strongly about being a taxpayer advocate. But frankly, every public official should be a taxpayer advocate. ”

Democrats stopped short of killing the agency entirely because they would have had to put that question to voters.

“They should have just chopped the head of the snake off and done away with the Board of Equalization altogether,” said Mark DeSio, a former communications director for the board. “They didn’t do that. They left enough of the cancer to grow back.”

He cooperated with the audit that revealed misspending at the agency that appeared intended to promote its elected members as well as another that showed widespread nepotism in its hiring practices. He then lost his job in the reorganization and filed a whistleblower retaliation lawsuit against the state.

DeSio believes lawmakers want seats on the Board of Equalization because it allows them to maintain a high profile until they can run for office again.

“That was the recipe for disaster a few years back,” he said. “Somebody better watch these guys. They’re not there for the policy. It’s for the exposure.”

Cayla Mihalovich is a California Local News fellow.

This article was originally published on CalMatters and was republished under the Creative Commons Attribution-NonCommercial-NoDerivatives license.