Immigration: immigrant youth: access to legal counsel.
What changed between versions
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.
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.
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.
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.
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.