President Trump’s chilling promise to subject immigrants to mass deportations should have prompted California’s governor and Congress to take substantive steps to protect immigrant communities. But Gov. Gavin Newsom’s proposed “immigrant assistance network” and $25 million fund for the state’s legal defense misses the point.
State leaders are ignoring the single most important tool in the legal system to prevent mass deportations: public defenders.
The majority of deportations begin when a non-citizen encounters law enforcement, often during a routine traffic stop or misdemeanor arrest. Even if prosecutors decline to charge such a person with a crime, simple detention can escalate to deportation proceedings. Therefore, early access to properly trained and resourced public defenders is the first line of defense against mass deportation.
But California’s public defense system is in jeopardy because the state has refused to provide funding at the county level. California lacks enough public defenders and is overwhelmed by the sheer volume of cases with limited resources.
Additionally, few California public defender offices are staffed with immigration experts, leaving many unable to effectively deal with complex issues. There are an estimated 1.8 million people in California without proper documentation, creating a significant shortage of critical legal services.
Although the state and federal constitutions guarantee the right to an attorney, many defendants in California do not see an attorney until days or even weeks after their arrest. However, it is especially important to consult an attorney early to represent people who are being deported. Important decisions are often made in the first hours or days of a case, and people who do not have access to a public defender, whether guilty or not, are forced to waive their right to one or seek legal advice on their own. They are routinely pressured to convict or accept unfair plea deals.
A proposed $25 million fund for state agencies to provide legal defense against mass deportations will prove to be a futile exercise if there are not enough public defenders to represent citizens in a timely manner. Probably.
The state should immediately provide counties with more funding to hire public defenders, especially those with immigration expertise. San Diego and San Francisco have excellent examples of immigration-focused public defender offices that serve as models for the entire state. Officials will use the state Civil Service Office’s Indigent Defense Improvement Division to develop criteria for immigrant defense programs, award funding to counties that meet the criteria, and collect data to evaluate the effectiveness of their efforts. I can.
Additionally, Congress should follow the lead of Arizona and Florida and require Californians to have access to an attorney within 24 hours of their arrest. A bill introduced in the last Congress would have done so, but it died in committee. Early access to legal counsel has been shown to not only prevent deportation, but also improve public safety, reduce incarceration, and save counties money.
Before pouring money into the attorney general’s office or creating a social services network, the governor and lawmakers must invest in the front lines of protection for Californians most at risk of deportation. The state’s immigrant communities now need swift, effective and strong legal representation.
Shin Yamashiro is the principal of the law reform advocacy group Wren Collective.
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