SB 1194

SB1194:v98#DOCUMENT

Bill Start

CALIFORNIA LEGISLATURE— 2025–2026 REGULAR SESSION

Senate Bill

No. 1194

An act to add Section 13309 to the Welfare and Institutions Code, relating to immigration services.

LEGISLATIVE COUNSEL'S DIGEST

SB 1194, as amended, Caballero. Immigration Legal Fellowship Program. Project.

Existing law requires the State Department of Social Services, subject to an appropriation, to provide grants to qualified nonprofit organizations through contracts, in order to provide certain immigration-related legal services to persons residing in, or formerly residing in, the state. Under existing law, those grants are aimed at obtaining certain immigration remedies and benefits, assisting with the naturalization process and an appeal arising from the process, or providing legal training and technical assistance.

This bill would state the intent of the Legislature to enact legislation to establish the Immigration Legal Fellowship Program within the State Department of Social Services to expand access to high-quality immigration legal services, including removal defense, by supporting the placement of qualified legal fellows in rural and underserved regions of California. establish the Immigration Legal Fellowship Project within the department for the purpose of expanding access to high-quality immigration legal services by supporting legal fellowships for qualified individuals who provide immigration legal services under the grant programs described above. The bill would require the department to award grants or enter into contracts with nonprofit entities to operate legal fellowships that include specified components, including, among other things, the recruitment, placement, coordination, and hosting of legal fellows. The bill would authorize the department to establish eligibility criteria, application requirements, and funding priorities for the program. The bill would require the department to include specified information relating to the use of funds appropriated for the purposes of the project in reports and updates provided to the Legislature regarding other immigration-related programs. The bill would provide that the implementation of these provisions is contingent on an appropriation for these purposes.

Digest Key

Vote: MAJORITY Appropriation: NO Fiscal Committee: NOYES Local Program: NO

Bill Text

The people of the State of California do enact as follows:

SECTION 1.

Section 13309 is added to the Welfare and Institutions Code, to read:

13309. (a) The Immigration Legal Fellowship Project is hereby established within the State Department of Social Services for the purpose of expanding access to high-quality immigration legal services, including, but not limited to, removal defense, in rural and underserved regions of California.(b) The department shall administer the project to support legal fellowships for qualified individuals who provide immigration legal services pursuant to this chapter, including, but not limited to, representation in removal proceedings, affirmative immigration relief, and related legal services provided pursuant to this chapter.(c) The department shall award grants or enter into contracts with nonprofit entities to operate legal fellowships, which shall include, at a minimum, all of the following components:(1) Recruitment, placement, coordination, and hosting of legal fellows.(2) Training, mentorship, and supervision of legal fellows.(3) Technical assistance and programmatic support necessary to ensure the effective delivery of legal services by legal fellows.(d) For purposes of administering this project, the department may establish eligibility criteria, application requirements, and funding priorities, including, but not limited to, criteria specific to serving rural and underserved communities.(e) The department shall include information on the use of funds appropriated for the purposes of this section in reports or updates provided to the Legislature regarding the department’s immigration programs, including, at a minimum:(1) The number of fellowships funded.(2) The geographic regions served.(3) The types of legal services provided and in what language or languages.(4) The timeline of implementation and administration of this section.(5) The identification of further barriers and challenges to the delivery and provision of legal services described in subdivision (b).(f) This section shall not be construed to limit the authority of the department to administer other immigration-related programs authorized under this chapter.(g) Implementation of this section is contingent upon an appropriation by the Legislature for these purposes.(h) For the purposes of this section, the following terms have the following meanings:(1) “Nonprofit entity” means an entity that meets the requirements set forth either in Section 501(c)(3) or 501(c)(5) of the Internal Revenue Code or in Section 23701 of the Revenue and Taxation Code and that meets the requirements in subdivision (a) of Section 13301.(2) “Qualified individual” means a licensed attorney or a recent law school graduate.

SECTION 1.

(a)The Legislature finds and declares all of the following:

(1)California is home to the largest immigrant population in the nation, and access to competent immigration legal representation is a critical determinant of fairness, due process, family stability, and community well-being.

(2)Immigrants facing removal proceedings who are represented by qualified legal counsel are significantly more likely to obtain lawful relief, remain united with their families, and avoid unnecessary detention, yet access to such representation remains uneven across the state.

(3)Rural regions and other underserved communities in California experience persistent shortages of immigration legal service providers due to geographic isolation, limited nonprofit legal infrastructure, workforce recruitment challenges, and insufficient long-term funding stability.

(4)The Legislature has previously invested in immigration legal services, including removal defense, through programs administered by the State Department of Social Services pursuant to Chapter 5.6 (commencing with Section 13300) of Part 3 of Division 9 of the Welfare and Institutions Code. These investments have demonstrated measurable benefits but have not fully addressed workforce capacity gaps in rural and underserved areas.

(5)Building and sustaining a qualified immigration legal workforce requires intentional investment in training, mentorship, and placement of attorneys and other authorized legal representatives in communities that have historically lacked adequate access to services.

(6)Fellowship-based service delivery models have proven effective in expanding legal capacity, strengthening local nonprofit organizations, and improving continuity of services while maintaining accountability and programmatic oversight.

(b)It is therefore the intent of the Legislature to enact legislation to establish the Immigration Legal Fellowship Program within the State Department of Social Services to expand access to high-quality immigration legal services, including removal defense, by supporting the placement of qualified legal fellows in rural and underserved regions of California.