In defiance of President Trump's hardline stands on immigration, more
jurisdictions are going beyond "sanctuary city" policies and actively
using taxpayer dollars to pay for legal representation for immigrants
facing deportation.
This week Denver officials announced plans to
set aside $385,000 to expand an immigrant legal defense program, Mayor
Michael Hancock said.
“There is no greater responsibility that I
have as mayor than to keep all residents of Denver, undocumented or not,
safe and secure and when we have challenging language that comes out of
Washington that threatens that very covenant that we have with all of
our residents it makes it doubly difficult for us to help people feel
safe in their city,” he said.
Others committing to designating public dollars for attorneys in immigration courts include lawmakers in
Los Angeles,
Seattle, Washington, D.C.; New York; Austin, Texas; Atlanta,
San Francisco and Portland, Ore.
"We
are proud to be a sanctuary city," said former San Francisco Supervisor
David Campos when he introduced the proposal to fund legal assistance.
"And we're not only proud to stand up for that, but we're going to
invest the resources needed to make sure that the 44,000 undocumented
people who live in the city and county of San Francisco have, at a
minimum, legal representation if they're taken into immigration court."
One Chicago public official, Alderman Nicholas Sposato, called it "the legal defense fund for the illegals,"
the Chicago Tribune reported.
He was the only city Budget Committee member to vote against a $1.3
million plan in 2016 to assist immigrants who were facing deportation.
In September,
Portland approved a $500,000 grant toward legal defense for potential deportees and Baltimore approved $200,000 for its own defense fund.
Some
cities and states -- California, Colorado, Texas, Wisconsin, Illinois,
Ohio, Georgia and Maryland -- have joined up with the Vera Institute of
Justice facilitate their programs.
The New York-based nonprofit spearheads the coalition, known as the
Safety and Fairness for Everyone Network (SAFE).
People
accused of being in the country illegally are not required to have a
lawyer, unlike those facing criminal proceedings, where they must be
represented by a public defender if they cannot afford an attorney. The
government is not required to pay for an immigration court lawyer.
California
has been providing attorney's to immigrants before Trump's election,
but other SAFE members had not done so until the formation of the
network, said network director Annie Chen.
Last year, Seattle
passed a measure to put $1 million toward legal defense for immigrants
and refugees. The money will be administered by community groups.
City leaders in Santa Ana, Calif., directed
$65,000 last year toward its newly created legal defense fund and New York created the first statewide immigrant defense fund.
While immigration advocates have praised the initiatives, those who prefer stricter immigration laws have criticized them.
“It
is simply bad public policy to be spending public funds at a time when
everyone is strapped for cash and cannot fund the money for vital
services," said Ira Mehlman, spokesman for the Federation for American
Immigration Reform (FAIR), in an interview last year. "Even if they are
relatively small funders, they are directing much-needed resources from
schools and roads to meet the political desires of lawmakers."
“It
is simply bad public policy to be spending public funds at a time when
everyone is strapped for cash and cannot fund the money for vital
services."
— Ira Mehlman, spokesman, Federation for American Immigration Reform
Some cities have faced opposition over its attempts to create similar programs.
A 2015
study
published in the University of Pennsylvania Law Review reported that
detained immigrants with access to legal counsel were 10 times more
likely to be granted legal residency than those without.
In a
statement just after his city approved financial support for legal
representation to immigrants, Baltimore Mayor Catherine Pugh said it was
a matter of safety.
“Providing legal representation to those
facing deportation maintains trust in law enforcement and our local
institutions and keeps us all safe," Pugh said. "If our residents don’t
feel safe – for example, coming forward to report crimes and cooperating
with law enforcement – all of us are at more risk.”