AB 1261 California Assembly · 2025-2026 Regular Session

Immigration: immigrant youth: access to legal counsel.

Summary
Existing law, subject to available funding, requires the State Department of Social Services to contract with qualified nonprofit legal services organizations to provide legal services to unaccompanied undocumented minors who are transferred to the care and custody of the federal Office of Refugee Resettlement and who are present in this state or are residing with a family member or other sponsor. Existing law requires contracts awarded pursuant to the above-described provision to be executed with qualified nonprofit legal services organizations that meet certain requirements, including having experience representing individuals in removal proceedings and asylum applications. This bill would, subject to available funding, provide legal counsel to immigrant youth in the State of California. The bill would define immigrant youth. The bill would require the department to allocate funding for these purposes, and would require 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. The bill would require the department to contract with qualified nonprofit legal services organizations that meet the above-described requirements or an office of the public defender that meets certain requirements. The bill would also authorize the department to fund social work services contracted by qualified nonprofit legal services organizations to assist immigrant youth.
Bill status signed all 5 stages cleared
Introduction
Feb 2025
Committee Review
Aug 2025
Assembly Passage
Jun 2025
Senate Passage
Sep 2025
Signed into Law
Oct 2025
Introduced Feb 21, 2025 Signed Oct 12, 2025
Maddy AI version diff · 6 comparisons

What changed between versions

04/23/25 - Amended Assembly 09/05/25 - Amended Senate · 8 edits · Sep 5, 2025
MODERATE
The Senate amendment significantly expands AB 1261 by adding a new, broader provision for legal counsel to 'immigrant youth' in California (subject to available state funding) alongside the existing provision for unaccompanied undocumented minors. The new provision uses a wider definition of covered individuals, starts access to counsel earlier, extends coverage past age 18 if proceedings are ongoing, and adds authority to fund social work services. It also changes public defender eligibility requirements and adds funding allocation rules that consider federal funding availability.
Scope change
The bill's scope expanded from covering only unaccompanied undocumented minors in federal custody or residing with a sponsor in California to also covering a broader category of 'immigrant youth' residing in or formerly residing in California, subject to available state funding. The original unaccompanied minor provision is retained as a separate section.
SCOPE

A new provision requires the state to provide legal counsel to every 'immigrant youth' in California, subject to available state funding. This is broader than the original bill, which only covered unaccompanied undocumented minors in federal custody or residing with a sponsor.

The scope of covered proceedings now explicitly includes federal court and the Department of Justice, and adds 'submitting an affirmative filing' as a trigger for counsel access.

DEFINITION

New definition of 'immigrant youth': a person residing in or formerly residing in California who is either an undocumented minor under 6 USC 279(g)(2), or under 18 with no lawful immigration status who arrived without a parent/guardian or has no parent/guardian available to assist in immigration proceedings. This is broader than the original 'unaccompanied undocumented minor' definition.

ELIGIBILITY

Access to counsel for immigrant youth begins when designated as unaccompanied by a federal or state agency OR identified as such by an immigration attorney, rather than only upon issuance of a notice to appear and placement in removal proceedings.

REQUIREMENT

If an immigrant youth is assigned counsel before turning 18, they remain eligible for ongoing access to counsel during the pendency of proceedings, even after reaching age 18.

Public defender eligibility requirements changed: now requires an immigration attorney with at least 3 years handling asylum, T-Visa, U-Visa, or SIJS cases who has represented at least 20 minors in those matters, plus experience representing minors in removal proceedings and asylum applications, plus a requirement that the attorney has conducted trainings for practitioners beyond their own staff.

FISCAL

The department must consider whether federal funding has been made available and dispersed to organizations or projects in the state when determining contract amounts, and must prioritize awards to qualified nonprofits that are ineligible for federal funds or have unmet needs despite federal assistance.

The department is authorized to fund social work services contracted by qualified nonprofit legal service organizations to assist immigrant youth.

Floor votes · Senate Sep 9, 2025 · Assembly Jun 3, 2025

How they voted

308
Passed · 2 other
Total votes 40
Sep 9, 2025
D Democratic30
30 Yea
100% Yea
R Republican10
8 Nay 2
80% Nay
Vote distribution
All Yea All Nay Mixed No data
Full legislative history

Actions timeline

Total actions
30
Key actions
12
Committee
12
Amendments
6
Oct 12, 2025
Signed into law
Approved by the Governor.
legislature
Sep 10, 2025
Lower · Passed
Senate amendments concurred in. To Engrossing and Enrolling. (Ayes 63. Noes 10. Page 3203.).
lower
Sep 9, 2025
Introduced
In Assembly. Concurrence in Senate amendments pending.
lower
Sep 9, 2025
Upper · Passed
Read third time. Passed. Ordered to the Assembly. (Ayes 30. Noes 8. Page 2738.).
upper
Sep 5, 2025
Upper · Passed
Read third time and amended. Ordered to second reading.
upper
Aug 29, 2025
Upper · Passed
From committee: Do pass. (Ayes 5. Noes 2.) (August 29).
upper
Aug 18, 2025
Committee
In committee: Referred to suspense file.
upper
Jul 8, 2025
Upper · Passed
From committee: Do pass and re-refer to Com. on APPR. (Ayes 4. Noes 0.) (July 7). Re-referred to Com. on APPR.
upper
Jul 2, 2025
Upper · Passed
From committee: Do pass and re-refer to Com. on HUMAN S. (Ayes 12. Noes 1.) (July 1). Re-referred to Com. on HUMAN S.
upper
Jun 18, 2025
Committee
Referred to Coms. on JUD. and HUMAN S.
upper
Jun 3, 2025
Lower · Passed
Read third time. Passed. Ordered to the Senate. (Ayes 63. Noes 8. Page 1991.)
lower
May 23, 2025
Lower · Passed
From committee: Do pass. (Ayes 11. Noes 2.) (May 23).
lower
May 7, 2025
Committee
In committee: Set, first hearing. Referred to APPR. suspense file.
lower
Apr 24, 2025
Committee
Re-referred to Com. on APPR.
lower
Apr 23, 2025
Lower · Passed
Read second time and amended.
lower
Apr 22, 2025
Introduced
From committee: Amend, and do pass as amended and re-refer to Com. on APPR. (Ayes 9. Noes 2.) (April 22).
lower
Apr 1, 2025
Lower · Passed
In committee: Hearing postponed by committee.
lower
Mar 25, 2025
Committee
Re-referred to Com. on JUD.
lower
Mar 24, 2025
Introduced
From committee chair, with author's amendments: Amend, and re-refer to Com. on JUD. Read second time and amended.
lower
Mar 24, 2025
Committee
Referred to Com. on JUD.
lower
Feb 22, 2025
Lower · Passed
From printer. May be heard in committee March 24.
lower
Feb 21, 2025
Introduced
Introduced. To print.
lower
1 primary · 7 co-sponsors

Sponsors