BILL NUMBER: AB 1462 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY APRIL 30, 2015
AMENDED IN ASSEMBLY MARCH 26, 2015
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 would, subject to the availability of
funding in the annual Budget Act, would require a state
agency or department, to be determined by the Governor, to contract
with qualified nonprofit legal services or
community-based organizations , as defined, to
provide legal services to Deferred Action for Childhood Arrivals and
Deferred Action for Parents of Americans applicants in this state.
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.
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, both
all of the following shall apply:
(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.
(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.
(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:
(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.
(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.
(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.
(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.
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 legal
services or community-based organizations to
provide legal services to Deferred Action for Childhood Arrivals and
Deferred Action for Parents of Americans applicants in this state.
(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).
(b)
(c) Legal services provided in accordance with
subdivision (a) shall be culturally and linguistically
appropriate and for the sole purpose of providing
legal assistance to assisting DACA
applicants and DAPA applicants relating to the
applicants, with services including, but not limited
to, eligibility screening, consultation, and preparing the
appropriate United States Citizenship and Immigration Services
application.
8549.2. 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.