LOS ANGELES – Los Angeles County is launching a new pilot removal defense program that, for the first time in the Public Defender’s 111-year history, will allow the office to support immigrants facing deportation proceedings. The move expands the county’s legal safety net at a moment when thousands of residents face immigration enforcement without guaranteed counsel.
The initiative expands the office’s existing immigration unit, and LA Public Press reports the new team will be staffed by contract attorneys and legal fellows rather than traditional public defenders.
Under the pilot program, the team will screen individuals for potential immigration relief. They will also provide legal guidance, referrals and direct representation before immigration judges for those who qualify.
LA Public Press notes that thousands of people in Los Angeles have previously been held past their release dates because of ICE detainers. These detainers are requests from federal agents asking local jails to keep individuals in custody longer than state law allows.
This system was challenged in the federal class action lawsuit Roy v. County of Los Angeles, which can be accessed at https://www.aclusocal.org/en/cases/roy-v-county-los-angeles.
The suit argued that the county violated state law and the Fourth Amendment by detaining people solely on the basis of ICE requests. The settlement required policy changes and made funds available to support work benefiting affected communities.
According to Assistant Public Defender Graciela Martinez, unclaimed cy pres funds (referring to a legal doctrine allowing courts to distribute leftover funds) from the Roy settlement are financing the new removal defense team. LA Public Press reports that these funds are supporting attorneys and legal fellows who will take on deportation cases outside the Public Defender’s traditional criminal practice.
Because immigration court is a civil system without a guaranteed right to counsel, LA Public Press states the new program will expand access to legal representation for immigrants in Los Angeles County.
The office also explains that the team’s responsibilities go beyond courtroom defense. Community members who do not qualify for full representation will still receive guidance, referrals and information about their legal options.
LA Public Press reports that the pilot program arrives during a period of uneven immigration support across California counties. Local leaders state the new effort is intended to address longstanding disparities in access to legal help.
Additional information about the pilot program is expected to be released as the initiative continues to develop.
Follow the Vanguard on Social Media – X, Instagram and Facebook. Subscribe the Vanguard News letters. To make a tax-deductible donation, please visit davisvanguard.org/donate or give directly through ActBlue. Your support will ensure that the vital work of the Vanguard continues.
