Bill Text: CA AB1462 | 2015-2016 | Regular Session | Amended

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Bill Title: Undocumented immigrants: legal services.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Failed) 2016-02-01 - From committee: Filed with the Chief Clerk pursuant to Joint Rule 56. [AB1462 Detail]

Download: California-2015-AB1462-Amended.html

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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.