AMENDED IN ASSEMBLY APRIL 9, 2026

AMENDED IN ASSEMBLY MARCH 23, 2026

CALIFORNIA LEGISLATURE— 2025–2026 REGULAR SESSION

97

Introduced by Assembly Member Bonta

(Coauthors: Assembly Members Ahrens, Elhawary, Kalra, and Ortega)

February 20, 2026

An act to add Section 13300.6 to the Welfare and Institutions Code, relating to immigration.

Vote: majority   Appropriation: no   Fiscal committee: yes   Local program: no

LEGISLATIVE COUNSEL’S DIGEST

Existing law, subject to available funding, provides legal counsel to immigrant youth in the State of California. Existing law requires the State Department of Social Services to allocate funding for these purposes, and requires the department to consider whether federal funding has been made available and dispersed to organizations or relevant projects in the state in determining the amount and allocation of contracts awarded. Existing law requires the department to contract with qualified nonprofit legal services organizations, or public defender offices, that meet certain requirements to provide legal counsel to immigrant youth.

This bill would, subject to the availability of funding, similarly provide legal counsel to every covered individual subject to certain immigration proceedings if that individual is not otherwise being provided counsel, as specified. The bill would define a covered individual to include an individual who is not represented by counsel and who satisfies the indigency requirements established by the administrator and one or more of certain specified criteria relating to the connection of them or their immigration case to the State California. The bill would require the department to establish the office of the administrator within the department to oversee implementation of these provisions. The bill would require these the provisions to be implemented by an unnamed the administrator, or their designee, by January 1, 2027, and would specify the duties and authorities of the administrator, or their designee, with regard to implementation, including, among others, the authority to develop and implement a phase-in plan. The bill would require the administrator, or their designee, to contract to provide legal counsel for covered individuals with qualified nonprofit legal services organizations or public defender officers that meet the requirements referred to above, or with private firms or private attorneys who meet the criteria for participation in a private attorney panel. The bill would require the administrator to annually submit a report to the Legislature regarding the implementation of these provisions.

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

SECTION 1.

Section 13300.6 is added to the Welfare and Institutions Code, to read:

13300.6.

(a) Subject to the availability of state funding, the state shall provide legal counsel to every covered individual that is not otherwise being provided counsel pursuant to another provision of this chapter.

(b) (1) An The department shall establish the office of the administrator within the department to oversee implementation of this section.

(2) The administrator, or the administrator’s designee, shall implement this section no later than January 1, 2027.

(3) The administrator, or the administrator’s designee, shall do all of the following:

(A) Promulgate regulations and adopt rules, policies, and procedures that are necessary or appropriate to implement this section.

(B) Allocate funding according to this section. In determining the amount and allocation of contracts awarded pursuant to this section, whether federal funding has been made available and dispersed to organizations or relevant projects in the state shall be considered.

(C) Prioritize awards of contracts or grants to qualified nonprofit organizations as described in Section 13301 that have unmet needs despite federal assistance.

(4) The administrator, or the administrator’s designee, may do all of the following:

(A) Develop and implement a phase-in plan, in accordance with the following:

(i) The phase-in plan shall be developed in collaboration with expert legal services providers from across different regions throughout the state and constituent-based immigrant rights advocacy organizations with expertise in policy advocacy and implementation and regional coalition capacity building with at least five years of experience, to ensure that all covered individuals are advised of their right to counsel and are offered legal services under this section.

(ii) The phase-in plan shall ensure that access to counsel pursuant to this section is prioritized for individuals in the custody of the United States Department of Homeland Security, the United States Department of Health and Human Services, or any federal agency deputized to enforce federal immigration laws, unless those individuals have access to counsel from another source.

(iii) The phase-in plan shall detail efforts to ensure there is sufficient immigration counsel available to provide counsel for all covered individuals and shall include the standards, criteria, and priorities for providing access to counsel under this section if there is not sufficient available immigration counsel.

(B) Ensure independent and high-quality representation of covered individuals by providing training, technical assistance, and mentorship opportunities.

(C) Establish a private attorney panel and the criteria, in addition to the criteria described in paragraph (3) of subdivision (d), for private firms and private attorneys to participate, and provide training and oversight protocols to ensure high-quality representation is provided without cost.

(D) Establish criteria and procedures used to determine whether a person is eligible to receive legal services pursuant to this section, including, but not limited to, requirements related to income and residency, consistent with subdivision (f).

(E) Collect data relating to the number of people evaluated for eligibility for services under this section and subsequently denied services, the reasons for the denials, the results of any review of the denials, the number of people for whom representation pursuant to this section was terminated, and the reasons for the terminations.

(F) Target grants and establish strategic programs in support of innovative and cost-effective solutions that enhance the provision of, and capacity for providing, legal services, including, but not limited to, workforce and capacity-building grants to train new attorneys, Department of Justice-accredited representatives, social workers, law fellows, and legal services staff to work in the area of immigration law.

(G) Target grants to community-based organizations to conduct outreach and provide education and other support, in appropriate languages, to covered individuals and their families, and communities impacted by immigration detention.

(c) Counsel shall be conferred pursuant to this section as follows:

(1) The right to counsel shall begin at the earliest of any of the following events occurring:

(A) The covered individual being taken into immigration custody or into the custody of the United States Department of Health and Human Services.

(B) The covered individual’s receipt of a notice to appear in an immigration proceeding in which they are the subject.

(C) The issuance of an immigration detainer, or other document, requesting a county jail or state prison facilitate the transfer of the covered individual from local or state custody to immigration authorities.

(D) Upon the initiation of immigration proceedings against the covered individual.

(2) In the case of an unaccompanied minor, if it is determined by legal counsel that it is in the best interest of the minor for representation to begin upon the minor reunifying or being placed with relatives, representation shall begin at that time.

(3) The right to counsel applies in any proceeding in which a covered individual is seeking an avenue of relief from removal or is challenging their arrest or detention under federal immigration laws, including, but not limited to, in federal immigration proceedings or any related appearances or matters, and any appeals arising from those proceedings, before the United States Department of Homeland Security, federal court, or the Department of Justice, and in any state court proceedings or submitting an affirmative filing for purposes of obtaining any order necessary for or relevant to immigration remedies.

(4) The right to counsel applies throughout the pendency of any of the proceedings identified in paragraphs (1) and (2) unless it is discovered that there was an error in the initial determination that the person meets the definition of a covered individual, in which case representation shall conclude as soon as the person has obtained alternate counsel, or it is reasonably feasible that they could have.

(d) The administrator, or the administrator’s designee, shall contract to provide legal counsel for covered individuals with any of the following:

(1) A qualified nonprofit legal services organization, as described in Section 13301.

(2) An office of the public defender for the county, as established pursuant to Section 27700 of the Government Code, if the public defender meets all of the following requirements:

(A) The office has an immigration attorney with at least three years of experience representing individuals in removal proceedings and has represented at least 20 individuals in these matters.

(B) The office has an immigration attorney who has conducted trainings on these issues for practitioners beyond their staff.

(C) Any additional requirements imposed by the administrator, or the administrator’s designee, for an office of public defender for the county to be eligible for a contract.

(3) Private firms or private attorneys who meet the criteria for participation in a private attorney panel established by the administrator, or the administrator’s designee. In order to participate in the private attorney panel, an attorney shall, at a minimum, satisfy all of the following:

(A) Have at least three years of removal defense experience before the executive office of immigration review.

(B) Have completed at least five merits individual calendar hearings and five bond hearings before the immigration court in the last three years.

(C) Be in good standing with a state bar of the United States and with the Board of Immigration Appeals.

(D) Can show proof of malpractice insurance covering at least two hundred thousand dollars ($200,000) per claim.

(e) The administrator, or the administrator’s designee, shall require contractors pursuant to this section to maintain adequate legal malpractice insurance as necessary and to indemnify and hold the state harmless from any claims that arise from the legal services provided pursuant to this section.

(f) For the purposes of this section, a “covered individual” means an individual who is not represented by counsel and who meets both of the following:

(1) Satisfies the indigency criteria established by the administrator.

(2) Satisfies any of the following:

(A) Is a resident of California.

(B) Is detained in California.

(C) Is subject to immigration or deportation proceedings in an immigration court located in California.

(D) Their immigration proceeding has a significant nexus to California, regardless of whether the person is presently in immigration detention outside of California.

(g) (1) The administrator shall annually submit a report to the Legislature and Governor regarding implementation of this section. The report shall address, at a minimum, all of the following:

(A) The criteria and procedures used to determine whether an individual is eligible for legal services under this section.

(B) The number of individuals determined to be eligible to be provided legal counsel under this section who did not receive representation because of a lack of sufficient funding or a lack of available attorneys.

(C) The number of covered individuals provided legal counsel under this section and the outcome of the representation.

(D) A qualitative review of the legal services provided by legal counsel under this section.

(E) The number of participating legal services providers awarded contracts or grants, and the number of legal counsel funded through the contract or grant.

(F) The regions served and identification of regions that are particularly underserved.

(G) An analysis of the immigration enforcement, immigration court, and immigration detention landscape in California, and recommendations for changes in funding to ensure compliance with this section.

(2) A report to be submitted pursuant to paragraph (1) shall be submitted in compliance with Section 9795 of the Government Code.