WASHINGTON – Gov. Gavin Newsom's administration has laid out a conceptual plan to help undocumented immigrants facing deportation after President-elect Donald Trump takes office.
But some advocates worry the proposal doesn't do enough to protect those detained during immigration proceedings.
“Trump’s promise to conduct militarized raids against our state will have devastating consequences for our communities and our economy,” said Hamid Yazdan-Panah, advocacy director for Immigrant Defense Advocates. “California needs a detention strategy that ensures access to legal representation and prevents family separation.”
Yazdan-Panah said his and other advocacy groups favor a plan put forward by the state Senate that would provide funding for lawyers to represent detained immigrants during immigration proceedings. Detention is expected to increase as Trump moves forward with mass deportation plans and federal officials eye a new facility in California.
“This document is an internal and advisory draft document intended for internal discussions as part of a range of possible considerations in light of the new federal administration's public statements,” said Scott Murray, deputy director of public affairs for the California Department of Human Services . “It’s not a final proposal.”
A fact sheet titled “Immigrant Support Network Concept” obtained by the Times provides few details about Newsom's proposal, which is currently under review. Under the plan, the California Department of Social Services would establish regional hubs to connect “at-risk individuals, their families and communities” with legal services, unions, local governments and other resources.
The document offers a first indication of how California's Democratic leaders will push back against the Trump administration's mass deportation plans.
Newsom called a special session of the House shortly after the election to approve $25 million in additional state funding for possible litigation against the new federal government. Trump has repeatedly singled out California and its leadership of “radical left-wing lunatics” throughout his campaign and threatened to withhold emergency federal aid.
Newsom's immigration proposal says the Department of Human Services would provide funding to nonprofits for outreach, filling legal services positions and other costs associated with operating the hub. It says the department is still in the process of determining funding, geographic focus areas and a timeline for implementation, with the goal of announcing the program in mid-January.
“Although there is a robust network of immigrant organizations and other community support agencies, there is no centralized coordination mechanism, limiting providers' ability to effectively utilize available resources; Share important information and expertise. and identify (and adopt) best practices, the fact sheet states.
Newsom's proposal makes no mention of immigrant detention, although advocates say funding for at-risk detainees is critical. Advocates have wondered how the regional hub strategy would respond to immigrant arrests across the state and have not received a clear answer from state leaders, said Yazdan-Panah of Immigrant Defense Advocates.
The Senate proposal, meanwhile, includes funding beyond the $25 million Newsom is seeking for legal assistance services related to reproductive health, climate, LGBTQ+ rights and immigrant rights issues. Scott Wiener, Senate Budget Chairman Legislative proposals calls for $60 million and would establish a program to represent detained immigrants.
Sen. Sasha Renée Pérez (D-Alhambra) noted in a statement that the Senate proposal was formulated in collaboration with frontline advocates.
“As we prepare for the threat of mass raids and deportations, the Senate will remain steadfast in ensuring the safety and well-being of all Californians,” she said. “Our strategy is focused on defending the human rights of California’s diverse communities and ensuring our residents have the resources they need to thrive, regardless of their background.”
Unlike criminal proceedings, individuals detained for civil immigration violations are not entitled to free legal representation. Immigrants who are represented by an attorney are significantly more likely to win their case compared to those without a lawyer. However, detainees often lack legal representation.
“That’s why advocates across the state are united in their support for the Senate’s proposal,” Yazdan-Panah said.
Dozens of advocacy groups signed one Letter dated December 18th to Newsom, Wiener and Senate President Mike McGuire, who are calling for $25 million for legal representation in detention and deportation.
“This is a critical time for California to take bold action and expand its historic investments in immigrant communities,” the organizations wrote.