Existing law, subject to available funding, requires the State Department of Social Services to 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 or are residing with a family member or other sponsor. Existing law requires contracts awarded pursuant to the above-described provision to be executed with qualified nonprofit legal services organizations that meet certain requirements, including having experience representing individuals in removal proceedings and asylum applications.
This bill would require the state to provide legal counsel to each unaccompanied undocumented minor in the physical custody of the federal Office of Refugee Resettlement and present in California or residing with a family member or other sponsor in California, as specified. The bill would additionally require the department to contract with qualified nonprofit legal services organizations that meet the above-described requirements or an office of public defender that meets certain requirements, including that the office has an immigration unit or contracts with an immigration attorney with at least 3 years of experience and expertise in providing legal representation to clients in civil immigration matters before the United States Department of Homeland Security, to fulfill those requirements.

Statutes affected:
AB 1261: 5 CIV
02/21/25 - Introduced: 5 CIV
03/24/25 - Amended Assembly: 5 CIV