California Democrats give in to GOP criticism on immigrant aid, tighten rules for defense fund

After a fiery debate months ago over services for immigrants, California Democrats are quietly responding to Republican criticism by restricting immigrants convicted of certain crimes from accessing a state-supported legal defense fund.

A budget agreement advanced by the Legislature this week would prohibit roughly $40 million in state funds from providing deportation defense or other immigration legal help for immigrants convicted of any felony.

It’s one way Democrats, who in the last decade trumpeted sanctuary policies for immigrants and more lenient treatment for those accused of crimes, have subtly adjusted their approach on both issues amid persistent Republican criticism and more hardline voter sentiments.

While some state funds earmarked for immigration legal services already come with restrictions preventing money from being used to help people with “serious or violent” felony convictions fight deportations, the new language would apply to any felonies. Legal aid providers said that could include property crimes, shoplifting, or writing a bad check.

“This is very damaging and it diverts from the purpose of the bill,” said Kathy Brady, directing attorney of Immigrant Legal Resource Center.

Assembly Speaker Robert Rivas’ spokesperson Nick Miller, in a statement, said the language was still subject to negotiation as the budget moves to Gov. Gavin Newsom. But he acknowledged the restriction was a response to a political skirmish over the funding in January.

Created in 1999, the Equal Access Fund distributes money to legal aid organizations throughout the state to provide civil legal services to low-income residents who cannot afford a lawyer. It is funded annually by the Legislature, but has never before faced restrictions in its application. The money serves “the people who need it most in California,” including those at risk of deportation, eviction or domestic violence, according to the State Bar, which administers the fund.

The fund covers a wide range of legal services, including for issues around housing, domestic violence and immigration. Roughly 34 of the fund’s 89 grantee organizations used part of their money to provide immigration legal services, said Doan Nguyen, director of the Office of Access and Inclusion at the State Bar, in a statement to CalMatters. Last year, grantees helped over 30,000 Californians resolve roughly 31,000 legal problems, she said. It’s not clear how many immigrants with felony convictions, if any, have been served through the funds.

“This prohibition would have a devastating impact on low-income Californians seeking immigration legal assistance, likely stoking fear and creating a chilling effect on client communities in need of vital legal services,” said Nguyen. “Additionally, the restriction would impose significant administrative and financial burdens on nonprofit legal aid organizations that will be forced to find alternative funding sources just to screen clients for eligibility."

Newsom stresses cooperation with ICE in some cases

Republican lawmakers sharply criticized their Democratic colleagues earlier this year over funneling an additional $10 million to the fund to protect vulnerable Californians during the new Trump administration.

Another state fund, specifically earmarked for immigration legal services and distributed by the Department of Social Services, already comes with the restrictions on serious or violent felonies. Lawmakers earlier this year also added $10 million to that program.

Republican Assemblymember Leticia Castillo from Corona introduced an amendment to add more language barring the money from those with felony convictions, but Democrats shot it down. The Republican caucus slammed the votes for blocking “common-sense efforts to prevent taxpayer funds from being used to shield illegal immigrant felons … from the consequences of their actions.”

“These votes show just how out of touch the Democratic supermajority has become,” Assembly Republican leader James Gallagher of Chico said in a news release in February.

Newsom signed the bill with a note, “None of the funding in this bill is intended to be used for immigration-related legal services for noncitizens convicted of serious or violent felonies.” He urged lawmakers to pass another law saying so, “to the extent further clarification is necessary.”

Miller said the new budget language reflects that.

“The Legislature doubled-down on investments in legal aid this year, because immigrant workers, students and parents need support more than ever in the face of Trump’s raids and terror,” he said. “The governor’s message from January regarding aid and felons, and any draft language, will be discussed during ongoing budget negotiations.”

In a state where politicians have fiercely opposed Trump’s deportation plans, Newsom has made the arrest and deportation of immigrants with felony convictions his line in the sand, noting state prison officials have transferred more than 10,000 former inmates to immigration authorities’ custody since he took office in 2019.

When lawmakers floated expanding the state’s sanctuary law to prohibit prison officials from cooperating with ICE, Newsom quickly quashed the bill by saying he would veto it.

“When these guys say we don’t go after criminals, they’re lying,” he told MSNBC last Sunday, referring to Republican arguments about Democrats’ stance on immigration enforcement.

'Not the time to exclude more people'

But legal experts and advocates were alarmed to see such a broad carve out for people with felonies on their record, especially amidst the routine criminalization of immigrants.

“There’s always a story to get into that we don’t see when you just paint somebody broadly with that brush of, ‘You have a felony conviction,’” said Shiu-Ming Cheer, deputy director of immigrant and racial justice at California Immigrant Policy Center. “This type of restriction moves us in the opposite direction from actually being able to support immigrant Californians.”

Longtime GOP consultant Mike Madrid said Democrats have “finally wised up.”

“You can’t just have a blank check for everybody who’s otherwise convicted of a felony,” he said. “The appetite for the American public is not there.”

Over 70 organizations on Thursday sent a letter to lawmakers and Newsom, urging them to oppose the restriction.

“Legal representation is the backbone of a fair process and often the only way for individuals to assert their rights, remain with their families, and protect themselves from targeted abuse,” they wrote. “California needs to be a leader in protecting immigrant communities, it is not the time to exclude more people from accessing legal representation. Everyone deserves due process.”

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.