California Delays Hearing Bill Offering Legal Aid to Illegal Immigrants Convicted of Serious Crimes

A man travelling with a caravan of Central American migrants—mostly from Honduras—in hopes of reaching the United States, walks near a barricade set by the U.S. Border Patrol along the Tijuana River, close to the El Chaparral border crossing in Tijuana, Mexico, on Nov. 25, 2018. Guillermo Arias/AFP via Getty Images

A controversial new bill proposed in California that would use taxpayer dollars to assist illegal immigrants convicted of serious and violent crimes has been removed from a hearing that had been initially scheduled for March 12.

The Representation, Equity, and Protections (REP) for All Immigrants Act—introduced earlier this month by Democrat Assemblyman Reggie Jones-Sawyer—has faced growing criticism for its call to remove the current prohibition preventing the use of taxpayer funds for legal services to any individual, including illegal immigrants, accused or convicted of a serious or violent felony.

Text of the proposed bill AB2031 reads: “This bill would expand those qualifying services to persons having an intent to reside in and having a nexus to the state, and would expand the scope of services to include, among other things, legal representation and related services for removal defense.

“Existing law prohibits use of the grant funds to provide legal services to an individual who has been convicted of, or who is currently appealing a conviction for, a violent or serious felony. This bill would remove that prohibition on the use of funds for those individuals.”

Passage of the bill would be an important step toward ensuring racial justice for a growing class of people who already face discrimination, according to Mr. Jones-Sawyer.

“For as long as I have been in state office, I have worked towards ensuring people are given a second chance and have championed efforts to prevent people from being treated as second-class individuals,” Mr. Jones-Sawyer said in a press release.

“The REP for All Immigrants Act ensures racial justice and truly equitable access to crucial immigration services for all—not some.”

Funding for the bill would come from the One California program, which provides $45 million in grants each year for nonprofits to provide free legal services to immigrants who cannot afford an attorney, including those facing deportation and also those applying for Deferred Action for Childhood Arrivals, naturalizing, and Temporary Protected Status.

Several immigrant activist groups also voiced their support for the legislation.

“We eagerly and proudly champion the protection of human rights, civil rights, and racial justice for all immigrants,” Camila Alvarez, legal director at Central American Resource Center, said in a statement.

“The recent reintroduction of the REP4All bill is a significant stride forward, and we are proud to support this crucial legislation that plays a pivotal role in safeguarding immigrants from deportation, ensuring access to legal representation, and addressing racial injustices in California.”

Concerns

However, Republican Assemblyman Bill Essayli condemned the bill, claiming it would incentivize criminal behavior.

“Policies like this [AB2031] are exactly what led to the murder of a nursing student in Georgia Laken Riley, University of Iowa student Mollie Tibbetts, San Francisco resident Kate Steinle, and America Thayer who was beheaded by her boyfriend who had an extensive criminal record,” Mr. Essayli said in a March 11 statement.

“The state of California should be assisting federal law enforcement in removing these criminals, not fighting to protect them,” he added.

AB2031 had been scheduled to be heard in the Assembly Judiciary Committee today in Sacramento; however, it was pulled from the hearing, according to Mr. Essayli.

It is unclear when or if the hearing for the bill will be rescheduled.

Several attempts to contact Mr. Jones-Sawyer for comment were not immediately returned.

California is facing an unprecedented surge of illegal immigrants as the number of those entering the country from the southern border has risen for three consecutive years, from approximately 260,000 in fiscal year 2021 to 362,000 and 450,000 in fiscal years 2022 and 2023, respectively, according to the most recent U.S. Customs and Border Protection (CBP) data.

The number of illegal immigrants crossing into California this current fiscal year has already exceeded 203,000, the CBP reported. According to the latest Border Patrol figures, there were 25,000 arrests of migrants attempting to enter the country illegally in the San Diego region in January, a 60 percent increase over the same month last year.

California-based civil rights lawyer Laura Powell told The Epoch Times that the legislation would only add to the state’s problems and is an insult to the legal residents who pay taxes and play by the rules.

“It’s crazy for the state of California to be providing expensive legal services—that are not constitutionally required—to people who aren’t even California residents at a time we are experiencing a budget crisis.”