Washington Examiner

California could fund deportation defense for immigrants with violent felonies

California lawmakers are considering a bill that would allow taxpayer money to be used to pay legal representation costs for illegal aliens who have been convicted in serious crimes and face deportation.

Los Angeles Assemblyman’s bill would expand a state program that currently spends $45million annually to cover proceedings of low-income illegal immigrants in immigration court.

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Democratic Assemblyman Reggie Jones–Sawyer’s proposal to expand California’s One California program would allow illegal immigrants to be deported after they have been convicted in the United States of a felony and served a court-mandated sentence. Federal immigration court does not allow for the state to provide legal representation for convicted felons.

Although the U.S. legal systems guarantees free representation in criminal cases, this is not true for immigration courts which are run by the Justice Department.

One California was established by the state in order to provide approximately 1,000 illegal immigrants with legal representation while they navigate detention in federal custody and deportation proceedings.

Jones-Sawyer described the effort as a means to make sure “racial justice and true equitable access to crucial immigration services for all — not some.”

Riverside Republican Assemblyman Bill Essayli opposed the idea, arguing that illegal immigrants in immigration court should be given due process in criminal court.

“Every person has a right to a defense in a criminal case,” Essayli said. “The people we’re talking about in this bill have already been convicted of a serious felony after being afforded their government-paid defense. I see no legal or rational basis for why the California taxpayer should then be financially responsible for defending the deportation proceeding of a convicted felon.”

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Others opposed to the bill worried that the $22.5 billion state budget deficit would increase if the bill was passed. There has been no cost estimate for implementation of the bill.

The bill must pass the California House Judiciary Committee first before being brought to the floor for a vote. The committee started meeting last week.


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