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Immigration Legal Defense Options <br />May 16, 2017 <br />Page 2 <br />Orange County had 247,600 undocumented immigrants? In response to the City Council's <br />direction of February 21, 2017, the law professors who direct the Wester State College of Law <br />immigration Clinic and the UCI Law School Immigrant Rights Clinic provided the City Attorney's <br />Office with a memo outlining Information on this subject and suggestions for follow-up. The <br />professors pointed to statistics which indicate that 68% of immigrants are unrepresented In <br />Immigration cases.3 Unrepresented detained immigrants are able to demonstrate their eligibility <br />for relief from deportation only 6% of the time, while those with lawyers succeed more than five <br />times as often.4 These statistics make It clear that there is a significant benefit to having an <br />attorney during immigration proceedings. Currently, the law provides for guaranteed legal <br />representation only In criminal cases where the defendant Is Indigent. While Immigration <br />proceedings are administrative In nature, the consequences can be equally serious. <br />In furtherance of the Council's direction, the City Attorney hosted a meeting on March 8, <br />2017 at the City with legal service providers, private stakeholders, and City Staff. The private <br />stakeholders that participated In the meeting were from Resilience OC, Orange County Immigrant <br />Youth United, and Asian Americans Advancing Justice Orange County. The legal service <br />providers that participated In the meeting were from the Western State College of Law <br />Immigration Clinic, the UGI Lawn School Immigrant Rights Clinic, the Public Law Center, and two <br />lawyers from private law firms with particular knowledge of the legal services available to Indigent <br />Individuals subject to removal. During the meeting, a valuable exchange of ideas and a fruitful <br />discussion took place. As a result of the March 8P' meeting and subsequent information gathering, <br />the following options and recommendations regarding the potential framework for providing <br />access to legal representation as discussed in City Council Agenda Item 85A from February 21, <br />2017. <br />1. The City Should Take Actions That Will Reduce Fear in the Communi <br />Community stakeholders In conjunction with City staff noted that the residents of Santa <br />Ana have fear that often Inhibits them from seeking assistance for many Issues, not the least of <br />which are immigration related matters. Some of this fear may be a result of misinformation about <br />Immigration enforcement activities in the area and whether city police officers are extensions of <br />federal immigration officers. Community members feel strongly that addressing these fears by <br />way of education about an Individual's rights is important, Including the possibility of a "know your <br />rights" clinic of the type sponsored by groups like the ACLU. Community members and City Staff <br />noted that fear can have a broad effect on the community, Including lack of education for certain <br />youth that are kept at home by their parents due to immigration related fears. A downturn in <br />enrollment and/or attendance, affects the local school districts and community college districts <br />and results In revenue loss, which can affect services. Fear can also cause undocumented <br />3 Public Policy Institute of California, Just the Facts, "Undoemnented immigrants in California," March 2017, <br />kV,J/www.ppic.orgtmandpublicadon—shn masp?i=ll 18 <br />5 See California Coati don for Universal Representation, Cal ornia's Due Process Crisis: Access to Legal Counsel for Detained <br />Immigrants (June 2016), available at vtyw Hila oon8enss/upioadd2Q(6/QGJacress to counsel Cai({oalftton <br />r�grt-201 b-06.odf <br />41d, note 3 at 7. <br />20A-12 <br />