President Trump's chilling promise to target immigrants for mass deportation should have prompted California's governor and legislature to take substantial steps to protect our immigrant community. But Governor Gavin Newsom proposedMigrant Support Network” and $25-million funding for the state's legal defense missed the mark.
State leaders have overlooked public defenders, our legal system's most important mechanism for preventing mass deportations.
Most deportations begin when a noncitizen encounters law enforcement, often during a routine traffic stop or false arrest. Even if prosecutors decline to charge such a person, a simple detention can escalate into deportation proceedings. Early access to a public defender with adequate training and resources is therefore the first line of defense against mass deportation.
But California's public safety system is in crisis because the state has refused to fund it at the county level. California doesn't have enough public defenders, and the ones we have are overwhelmed by massive caseloads with limited resources.
Also, few California public defender offices are staffed with immigration specialists, making it difficult to effectively navigate many complex issues. with prediction 1.8 million California's undocumented population creates a huge shortage of critical legal services.
While the state and federal constitutions guarantee the right to counsel, many defendants in California do not meet with their attorneys until days or weeks after their arrest. But early access to a lawyer is especially important to protect those targeted for deportation. Important decisions are often made in the first hours or days of a case, and those without access to a public defender, guilty or not, are routinely pressured to waive their right to counsel, incriminate themselves, or accept unreasonable pleas.
proposed $25 million in funding Statutory protection against deportation is appropriated for government agencies, and it will be an empty gesture if there are not enough public defenders to represent people in a timely manner.
The state should immediately provide more funding to counties to hire public defenders, especially those with immigration expertise. San Diego and San Francisco are excellent examples of immigration-focused public safety units that can serve as statewide models. Officials can use the Office of the State Public Defender's Poor Protection Development Division to develop standards for immigrant protection programs, provide funding to counties that meet them and collect data to evaluate the effectiveness of their work.
Additionally, the Legislature should follow the examples of Arizona and Florida, requiring Californians to have access to a lawyer within 24 hours of an arrest. A Bill Introduced last session would have done so, but it died in committee. Early access to counsel not only has the potential to prevent deportation, but also was shown Improve public safety, reduce incarceration and save counties money.
Before showering the attorney general's office with money or building a social service network, the governor and lawmakers should invest in the first line of defense for Californians who are at risk of being dispossessed. The migrant communities of the state now need immediate, effective and strong legal representation.
Cyn Yamashiro heads the legal reform advocacy group Ren Collective.