Amended in Assembly April 30, 2015

Amended in Assembly March 26, 2015

California Legislature—2015–16 Regular Session

Assembly Bill No. 1462

Introduced by Assembly Member Gonzalez

February 27, 2015

An act to add Chapter 6.8 (commencing with Section 8549) to Division 1 of Title 2 of the Government Code, relating to immigration services.

LEGISLATIVE COUNSEL’S DIGEST

AB 1462, as amended, Gonzalez. Undocumented immigrants: legal services.

Existing law establishes the Naturalization Services Program, administered within the Department of Community Services and Development, to fund community-based organizations in assisting legal permanent residents in obtaining citizenship.

This bill begin delete would, end delete subject to the availability of funding in the annual Budget Act, begin insert would end insert require a state agency or department, to be determined by the Governor, to contract with qualified nonprofit begin delete legal services end delete begin insert or community-based end insert organizations begin insert , as defined, end insert to provide legal services to Deferred Action for Childhood Arrivals and Deferred Action for Parents of Americans applicants in this state.

begin insert

This bill would become operative upon a final judicial determination that the federal Expanded Deferred Action for Childhood Arrivals program and the federal Deferred Action for Parents of Americans and Lawful Permanent Residents program announced by the President of the United States on November 20, 2014, may be lawfully implemented.

end insert

Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: no.

The people of the State of California do enact as follows:

SECTION 1.  

Chapter 6.8 (commencing with Section 8549) is
added to Division 1 of Title 2 of the Government Code, to read:

 

Chapter  6.8. Deferred Action Integration Services

 

8549.  

For purposes of this chapter, begin delete both end delete begin insert all end insert of the following
shall apply:

begin delete

(a) “Deferred Action for Childhood Arrivals and Deferred
Action for Parents of Americans applicant” or “DACA and DAPA
applicant” means an undocumented immigrant who either entered
the United States without inspection or who did not depart after
the expiration of a nonimmigrant visa to attain a lawful status.

end delete begin delete

(b) “Legal services” includes culturally and linguistically
appropriate services provided by attorneys, paralegals, interpreters,
and other support staff for state court proceedings, federal
immigration proceedings, and any appeals arising from those
proceedings.

end delete begin insert

(a) “Deferred Action for Childhood Arrivals applicant” or
“DACA applicant” means a undocumented immigrant seeking to
attain lawful immigration status under either of the following:

end insert begin insert

(1) The Deferred Action for Childhood Arrivals program,
announced by the President of the United States on June 15, 2012,
and implemented on August 15, 2012.

end insert begin insert

(2) The Expanded Deferred Action for Childhood Arrivals
program that includes revised eligibility criteria announced by
the President of the United States on November 20, 2014.

end insert begin insert

(b) “Deferred Action for Parents of Americans applicants” or
“DAPA applicant” means an undocumented immigrant seeking
to attain lawful immigration status under the Deferred Action for
Parents of Americans and Lawful Permanent Residents, announced
by the President of the United States on November 20, 2014.

end insert begin insert

(c) “Qualified nonprofit or community-based organization”
means an organization recognized and accredited by the Board
of Immigration Appeals that has at least one immigration attorney
on staff and prior experience either in assisting DACA applicants
in this state or participating in a collaborative to provide
immigrant assistance.

end insert

8549.1.  

(a) Subject to the availability of funding in the annual
Budget Act, a state department or agency, as determined by the
Governor, shall contract with qualified nonprofit begin delete legal services end delete begin insert or
community-based end insert organizations to provide legal services to
Deferred Action for Childhood Arrivals and Deferred Action for
Parents of Americans applicants in this state.

begin insert

(b) The state department or agency, as determined by the
Governor in subdivision (a), shall create, oversee, and implement
regulations for the granting of contracts awarded to qualified
nonprofit or community-based organizations providing legal
services to DACA applicants and DAPA applicants pursuant to
subdivision (a).

end insert begin delete

(b)

end delete

begin insert (c) end insert  Legal services provided in accordance with subdivision (a)
shall be begin insert culturally and linguistically appropriate and end insert for the sole
purpose of begin delete providing legal assistance to end delete begin insert assisting end insert DACA begin insert applicants end insert
and DAPA begin delete applicants relating to the end delete begin insert applicants, with services
including, but not limited to, eligibility screening, consultation,
and preparing the appropriate end insert United States Citizenship and
Immigration Services application.

begin insert

begin insert 8549.2. end insert   

This chapter shall become operative upon a final
judicial determination that the Expanded Deferred Action for
Childhood Arrivals program and the Deferred Action for Parents
of Americans and Lawful Permanent Residents program announced
by the President of the United States on November 20, 2014, may
be lawfully implemented.

end insert