BILL ANALYSIS Ó AB 1462 Page 1 Date of Hearing: April 28, 2015 ASSEMBLY COMMITTEE ON JUDICIARY Mark Stone, Chair AB 1462 (Gonzalez) - As Amended March 26, 2015 As Proposed to be Amended SUBJECT: UNDOCUMENTED IMMIGRANTS: LEGAL SERVICES KEY ISSUE: should select state agencies contract with nonprofit or community-based organizations to provide legal services to immigrants to help them, subject to availability of funding in the budget, to apply for relief under the daca and dapa programs announced last year by president obama? SYNOPSIS According to the author, the Deferred Action for Childhood Arrivals (DACA) and Deferred Action for Parents of Americans (DAPA) programs announced by President Obama last year offer great potential social, economic, and health-related benefits to California if eligible immigrants were to be granted deferred action under those programs. Recent academic research cited by the author estimates that under DAPA and DACA, up to 500,000 Californians in need of health insurance could be eligible for comprehensive Medi-Cal coverage, and average family wages could increase by 8.5%. Accordingly, this bill seeks to expand the AB 1462 Page 2 availability of legal services to immigrants who may need help applying for deferred action under DACA and DAPA, reflecting the author's efforts to ensure that a large number of eligible applicants benefit from the programs here in California. Specifically, the bill would require select state departments or agencies, as determined by the Governor, to contract with qualified nonprofit or community-based organizations to provide legal services to DACA and DAPA applicants in this state, subject to the availability of funding in the annual Budget Act. Proposed amendments to the bill clarify key definitions and also clarify that these provisions become operative only if DACA and DAPA are ultimately implemented, since there is currently an injunction against their implementation while a federal court in Texas decides a case challenging authority for the programs. There is no known opposition to this bill. SUMMARY: Provides for state agencies to contract with nonprofit or community-based organizations to provide legal services to immigrants applying for relief under the DACA and DAPA programs. Specifically, this bill: 1)Requires state departments or agencies, as determined by the Governor, to contract with qualified nonprofit or community-based organizations to provide legal services to Deferred Action for Childhood Arrivals (DACA) and Deferred Action for Parents of Americans (DAPA) applicants in this state, subject to availability of funding in the annual Budget Act. 2)Provides that the state department or agency so designated by the Governor shall create, oversee, and implement regulations for the granted contracts awarded to qualified nonprofit or community-based organizations providing legal services to DACA and DAPA applicants in this state. AB 1462 Page 3 3)Defines "qualified nonprofit or community-based organization" to mean 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. 4)Defines "DACA applicant" to mean an undocumented immigrant seeking to attain lawful immigration status under either of the following: a) The Deferred Action for Childhood Arrivals program, announced by the President on June 15, 2012 and implemented on August 15, 2012; or b) The Expanded Deferred Action for Childhood Arrivals program that includes revised eligibility criteria announced by the President on November 20, 2014. 5)Defines "DAPA applicant" to mean 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 on November 20, 2014. 6)Clarifies that "legal services" provided in accordance with this bill shall be culturally and linguistically appropriate and for the sole purpose of assisting DACA and DAPA applicants with the United States Citizenship and Immigration Services application. 7)Clarifies that these provisions shall become operative upon a final judicial order authorizing implementation of the DAPA and Expanded DACA programs announced by the President on AB 1462 Page 4 November 20, 2014. EXISTING LAW: 1)Provides that the Department of Social Services, subject to the availability of funding from the annual Budget Act, shall contract with qualified nonprofit legal services organizations to provide legal services to unaccompanied undocumented minors who are transferred to the care and custody of the federal Office of Refugee Resettlement and who are present in this state. (Welfare and Institutions Code Section 13300(a).) 2)Specifies several requirements for contracts awarded pursuant to the above provision, including, among other things, that the contract be executed with a nonprofit legal services organization that has minimum specified levels of experience handling such matters and is accredited by the Board of Immigration Appeals or is eligible to receive funding from the Trust Fund Program administered by the State Bar of California. (Welfare and Institutions Code Section 13301(a).) 3)Defines "immigration reform act services" as services offered in connection with an immigration reform act that are necessary in the preparation of an application and other related initial processes in order for an undocumented immigrant, as specified, to attain lawful status under the immigration reform act. (Business and Professions Code Sections 6240 and 22442.5.) 4)Provides that it is unlawful for an attorney or immigration consultant to demand, or accept advance payment of, any funds from a person for immigration reform act services before the enactment of an immigration reform act. Further provides that any funds received after October 5, 2013 but before the enactment of an immigration reform act must be promptly refunded to the client, as specified. (Business and AB 1462 Page 5 Professions Code Sections 6242 and 22442.6.) FISCAL EFFECT: As currently in print this bill is keyed fiscal. COMMENTS: This bill seeks to ensure the state will contract with nonprofit and community-based organizations to provide legal services to undocumented immigrants for the limited purpose of helping them apply for relief under the DACA and DAPA programs announced last year by President Obama through executive action. According to the author, there are approximately 1.5 million people in California eligible for the DACA and DAPA programs, and the White House estimates that California will experience an $11.7 billion increase in its GDP and $27.5 billion over the next ten years from the President's deferred action programs. The author states: "Under AB 1462, the Deferred Action Integration Services Fund will increase service bandwidth as a way to ensure a large population of eligible applicants benefit from the DACA and DAPA programs in California. As a result, this fund will provide financial resources to assist in the implementation of DACA and DAPA. In California, we need to adopt a funding model that will address the increased demand of legal services." Background on Recent Immigration Reform Efforts. On November 20, 2014, President Obama announced a series of executive actions on immigration. According to the United States Citizenship and Immigration Services (USCIS), the primary agency responsible for implementing them, these initiatives include: 1)Expanding the population eligible for the Deferred Action for Childhood Arrivals (DACA) program to people of any current age who entered the United States before the age of 16 and lived in the United States continuously since January 1, 2010, and extending the period of DACA and work authorization from two years to three years. AB 1462 Page 6 2)Allowing parents of U.S. citizens and lawful permanent residents to request deferred action and employment authorization for three years, in a new Deferred Action for Parents of Americans and Lawful Permanent Residents (DAPA) program, provided they have lived in the United States continuously since January 1, 2010, and pass required background checks. 3)Expanding the use of provisional waivers of unlawful presence to include the spouses and sons and daughters of lawful permanent residents and the sons and daughters of U.S. citizens. (See http://www.uscis.gov/immigrationaction ) On February 16, 2015, however, a federal court in Texas issued a preliminary injunction to temporarily prevent the federal government from implementing the DAPA and expanded DACA programs pursuant to the November 20 executive actions. USCIS had planned to begin accepting applications for the expanded DACA program on February 18, 2015, while the DAPA program was expected to begin taking applications sometime in May 2015. At the time of this analysis, the Department of Homeland Security was not accepting requests for either DAPA, or the expanded DACA programs, pending an appeal of the case. (See "Federal Court Halts DAPA and Expanded DACA Programs", Center for Migration Studies, 2/17/15, located at http://cmsny.org/federal-court-halts-dapa-and-expanded-daca-progr ams .) Studies show significant potential benefits to California if large numbers of eligible immigrants apply for and gain relief through DACA and DAPA. According to the author, the President's deferred action programs, DACA and DAPA, offer great potential social, economic, and health-related benefits to California if eligible immigrants were to gain relief from deportation and work authorization under those programs. For example, according to the President's Council of Economic Advisors, implementation of DAPA would result in a six to ten percent increase in average family wages at the national level. (Executive Office of the AB 1462 Page 7 President, Council of Economic Advisors, The Economic Effect of Administrative Action on Immigration, 2014.) The Center for American Progress (CAP) estimated an 8.5 percent increase in earnings for those moving from the informal to the formal labor market, in part because they would be able to find jobs that better match their skills and would have a larger incentive to invest in job training. (Patrick Oakford, Administrative Action on Immigration Reform: The Fiscal Benefits of Temporary Work Permits. Center for American Progress, 2014.) Using the CAP figure of 8.5%, researchers at the USC Dornsife Center for the Study of Immigrant Integration estimated that DAPA families in California will see their total earnings increase by around $1.6 billion. They estimate that 17% of minors in California have at least one DAPA-eligible parent, which means an estimated 40,000 children in these families could be lifted over the official poverty line by the increase in family earnings. Overall health care coverage in California also stands to improve if large numbers of eligible immigrants gain relief under DACA and DAPA. These immigrants are not eligible for health insurance options under the Affordable Care Act, but those who are granted deferred action under DACA or DAPA become eligible for comprehensive Medi-Cal coverage under state policy if otherwise eligible based on income. A report co-authored by the UC Berkeley Center for Labor Research and Education and the UCLA Center for Health Policy Research estimated that between 360,000 and 500,000 Californians who currently lack health insurance could be eligible for comprehensive Medi-Cal if between 50% and 70% of Californians eligible for DACA and DAPA are granted deferred action. (Lucia, Chen, et al. Health Insurance and Demographics of California Immigrants Eligible for Deferred Action. UC Berkeley Center for Labor Research and Education and UCLA Center for Health Policy Research, March 2015.) For these reasons, this bill seeks to expand the availability of legal services to immigrants who may need help applying for AB 1462 Page 8 deferred action under DACA and DAPA, reflecting the author's efforts to ensure that a large number of eligible applicants benefit from the programs here in California. The author notes that after DACA was first announced in 2012, the city and county of San Francisco were one of the first jurisdictions in the state to allocate funds to community-based organizations to be used for, among other things, providing legal assistance to DACA-eligible applicants. Author's amendments to clarify key terms. As proposed to be amended, the bill clarifies the definition of several key terms, including "DACA applicant," "DAPA applicant," and "qualified nonprofit or community-based organization." This last term is defined to mean "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." These minimum criteria ensure that any nonprofit or CBO selected to contract with the state to provide legal services for immigrants are competent and qualified in helping immigrants. The proposed amendments also clarify that legal services provided in accordance with this bill shall be culturally and linguistically appropriate, and for the sole purpose of assisting immigrants complete applications for DACA and DAPA. According to the author, ensuring the funding of quality legal assistance will relieve eligible immigrants from potentially falling victim to immigration services fraud provided by unscrupulous attorneys and consultants, which is also important in furthering the interest of this bill and the state's investments in consumer protection. Author's amendment to clarify contingent operation. As proposed to be amended, the bill clarifies that these provisions shall become operative only upon the courts authorizing implementation AB 1462 Page 9 of DAPA and Expanded DACA. Without implementation of the deferred action programs, it is understood that no obligation to provide legal services would exist because there would be no authorized program to which an immigrant may apply, nor any relief available. At the time of this analysis, the federal injunction against implementation of the deferred action programs was still in effect and it is not known when resolution of the matter in the federal court in Texas is expected. Pending Related Legislation. AB 60 (Gonzalez) prohibits attorneys and immigration consultants from demanding or accepting advance payment of any funds from a person for immigration reform act services in connection with requests for expanded DACA and requests for DAPA before the date the United States Citizenship and Immigration Services begins accepting those requests, as specified. This bill is currently in Senate Rules Committee pending referral. REGISTERED SUPPORT / OPPOSITION: Support None on file Opposition None on file AB 1462 Page 10 Analysis Prepared by:Anthony Lew / JUD. / (916) 319-2334