What is the Due Process for All Act?

Senate Bill (SB) 6, or the Due Process for All Act, would provide legal representation for individuals in removal proceedings who otherwise are not entitled to counsel. As immigration proceedings are civil rather than criminal in nature, the usual due process protections afforded to defendants in criminal proceedings, including court-appointed counsel, do not apply to them. Currently, immigrants involved in removal cases before the immigration courts are not entitled to have an attorney appointed to represent them if they cannot afford to hire their own lawyers. At present, only unaccompanied and undocumented minors currently have the right to court-appointed counsel when facing removal from the United States. This bill will ensure that all eligible individuals present in the U.S. without legal status get the due process protections that they deserve, which includes legal counsel in removal proceedings. It also will help reduce the number of immigrants removed without a proper trial and the length of time that immigrants are detained. Under SB 6, the state of California would set up a California Universal Representation Trust Fund containing $12 million to fund legal representation for eligible individuals. The state would contract with social services and non-profit legal services organizations in order to provide the necessary legal representation, with first priority given to immigrants who are detained awaiting removal from the country. State Senator Ben Hueso, D-San Diego, authored the bill. According to research provided by Hueso’s office, 68% of immigrants held in immigration detention have no legal representation. In fact, an immigrant who is represented by an immigration lawyer is five times more to be successful in defending against deportation proceedings than an immigrant without legal representation. A recent amendment to the bill, however, excludes immigrants with violent felony convictions from participating in the program. If ICE has detained a loved one, contacting an experienced California immigration attorney as quickly as possible can be essential securing his or her release and fighting deportation. Taking steps to fix an immigration problem from the outset is often much simpler than waiting until the last minute and attempting to remedy the situation. Call Landerholm Immigration, A.P.C., at (510) 756-4468 today, and learn what we can do to help you through this situation.