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Item 28 - Immigration Legal Defense Services
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03/16/2021 Regular
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Item 28 - Immigration Legal Defense Services
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Agenda Packet
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Clerk of the Council
Item #
28
Date
3/16/2021
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Immigration Legal Defense Services <br />March 16, 2021 <br />Page 3 <br />5 <br />6 <br />5 <br />Under the proposed agreement, ImmDef seeks to serve 24 new Santa Ana clients over <br />a two-year period. If there is additional capacity, ImmDef will take on more cases. <br />However, it is important to note that there are currently 33 cases still open from the prior <br />agreement year. The 24 new cases will include both detained and non-detained cases, <br />depending upon community need. The actual number served will depend on factors such <br />as the number of individuals who have no relief available to them or who seek voluntary <br />departure, the number of individuals whose cases proceed to a trial (merits hearing) while <br />detained versus clients released on bond, and the level of cooperation from the Executive <br />Office for Immigration Review (EOIR) or Immigration and Customs Enforcement (ICE) in <br />assisting with client accessibility and case calendaring. <br />ImmDef expects and understands that many cases will require representation beyond the <br />contract term because of the immigration court backlog for individuals who are released <br />from detention but whose cases are still pending final adjudication. For these clients, <br />ImmDef is committed to continue their representation of those clients beyond the <br />agreement term and until final adjudication. <br />For the proposed agreement, ImmDef has adjusted their case cost and budget. In <br />accordance with the reimbursement rates with the State of California, detained cases are <br />reimbursed at a rate of $8,000 and non-detained cases at a rate of $7,000 for full-scope <br />representation. ImmDef is also taking into account the realities of COVID-19 and its effect <br />on the backlog in immigration court; some cases are extended until 2024. Included in the <br />$200,000 budget is $20,000 to go towards litigation costs, such as mental health and <br />country condition experts, which will provide much needed support on our cases and <br />possibly improve the outcomes. <br />Staff recommends that the City Council approve the proposed agreement to ensure the <br />continued, uninterrupted provision of immigration legal defense services for Santa Ana <br />residents. <br />ENVIRONMENTAL IMPACT <br />There is no environmental impact associated with this action. <br />FISCAL IMPACT <br />Funds in the amount of $50,000 are available for expenditure in FY 2020-21 in the Non- <br />Departmental Contract Services - Professional account (No. 01105015- 62300). <br />Additional funds will be made available during FY 2021-22 and FY 2022-23, contingent <br />upon annual budget approval, as follows:
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