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