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Date: |
November 17, 2026 |
25 |
Title
Protecting Due Process for All by Strengthening the Immigrant Legal Defense Program (Districts: All)
End
Overview
As federal immigration enforcement escalates, more San Diego families face the threat of detention, deportation, and separation. The County's latest Immigrant Legal Defense Program Annual Report found that the median time clients spend in immigration detention nearly doubled in just one year, from 86 to 167 days, while calls from new clients seeking legal assistance surged 130 percent. Behind that number are parents, workers, and neighbors facing proceedings that can determine whether they stay with their families and in the communities they call home. For someone in detention, finding an attorney, gathering records, and preparing a defense can be extraordinarily difficult. At a time when the federal government is expanding immigration enforcement, access to a qualified attorney is more important than ever.
A fair hearing should not be something only the wealthy can afford. Yet without an attorney, people facing deportation must navigate a complex legal system alone, often without knowing what protections they may qualify for. A national analysis of immigration court cases completed from Fiscal Years 2019 through 2024 found that people without attorneys were more than twice as likely to be ordered deported - 62 compared to 27 percent of those with legal representation. Having an attorney doesn't guarantee someone can stay in the United States, but it does mean they have a fairer opportunity to understand their rights, present their case, and be heard.
The County of San Diego established the Immigrant Legal Defense Program (ILDP) in 2021 because due process must mean more than a promise on paper. Since launching in 2022, the program has helped people get a fairer day in court in more than 3,500 cases. More than half (52 percent) of cases with substantive outcomes have resulted in people being able to extend their stay in the United States. Others were ultimately ordered deported. But regardless of the outcome, thousands of people have had an attorney fighting for their rights rather than facing the federal government alone. Through this investment, the County has helped residents obtain legal representation when their freedom, families, and futures are on the line, and stabilize impacted communities facing fear and family separation.
Protecting that commitment has become even more urgent as the Trump administration dramatically expands immigration enforcement, including arrests of people without criminal convictions and longtime community members with deep roots in the United States. As more people are detained for longer periods, demand for legal representation is growing. During the last fiscal year, 66 attorneys provided services through ILDP, up from 55 the year before. But ILDP relies on independent attorneys who choose to accept cases, and having funding available doesn't always mean a qualified attorney is ready to take a case.
This work is demanding. Immigration representation is specialized, time-sensitive, and increasingly complex. Attorneys must investigate facts, identify available forms of relief, obtain records, prepare declarations and witnesses, meet accelerated detention timelines, and respond to rapidly changing federal law and policy. Excessive caseloads and burnout can reduce the time available for each client and undermine the quality of representation. As ILDP enters its fifth year, the County should establish a deliberate pipeline for recruiting new attorneys, provide mentorship and continuing training, monitor attorney workload, and use consistent performance standards to ensure that expansion does not come at the expense of quality.
Today’s action directs the County to expand effort to build and sustain a strong panel of qualified ILDP attorneys. These steps will increase the number of attorneys accepting cases and help more eligible residents receive timely, effective representation. These steps include:
• A recruitment and retention plan with measurable goals
• Recurring outreach through law schools and legal organizations
• A structured mentorship and onboarding pathway that prepares additional attorneys to accept ILDP cases
• An evaluation of participation barriers, with recommendations to address them
Today’s action also establishes a transparent process for assigning legal representation during periods when demand exceeds available capacity. These procedures preserve merit-blind access, so that representation never depends on a prediction of whether someone will win. Within 120 days, staff will return with an implementation plan and baseline data. Continued reporting on attorney participation, referrals, assignments, workloads, and waiting times will allow the County to identify unmet needs and guide future resource decisions.
By recruiting additional attorneys, preparing them to take cases, and supporting their continued participation, today’s action makes legal representation available to more eligible residents facing deportation. These steps strengthen the County’s investment in due process and help more people obtain qualified counsel when their freedom and their family’s future are at stake.
Body
Recommendation by Chair Terra Lawson Remer and Chair Pro Tem Paloma Aguirre:
1) Direct the Chief Administrative Officer, in coordination with the Public Defender's Office and Office of Assigned Counsel (OAC), to finalize an Immigrant Legal Defense Program (ILDP) Policies and Procedures Manual which serves as both a guide for new and existing ILDP Panel Attorneys/Department of Justice (DOJ) Certified Representatives and a codification of ILDP processes and expectations, including the following:
a. Maintain a merit-blind eligibility and assignment system so that access to counsel is not based on a prediction of whether a client is likely to win their case.
b. Establish a transparent waitlist and assignment protocol that tracks the date of referral, custody status, next court date, date counsel is assigned, and time from referral to assignment, and provides clients with clear information about their status and available resources while awaiting counsel.
c. Establish program-level caseload and capacity indicators, informed by panel attorney self-reported availability, assignment acceptance rates, and other relevant program data, to identify potential representation capacity constraints before eligible clients experience delays or are turned away, without requiring disclosure of confidential private practice information
2) Direct the Chief Administrative Officer to include a strategy in the Implementation Plan identified in Recommendation 4 to increase and sustain the number of qualified attorneys available to accept ILDP cases and to develop a written recruitment and retention plan with measurable goals.
a. Coordinate with the Office of Assigned Counsel, local law schools, the San Diego County Bar Association (SDCBA), immigration-law organizations, and affinity bar associations to conduct recurring recruitment, including law-school presentations, recruitment fairs, targeted outreach to newly admitted attorneys and experienced immigration practitioners, and quarterly networking events.
b. Enhance American Bar Association Immigrant Justice Program (IJP) mentorship and other mentorship opportunities with onboarding pathways that pairs newer panel attorneys with experienced immigration practitioners and provides them with practical support on detained representation, removal defense, bond and custody proceedings, and other high-need case types. If needed, explore Request for Proposals (RFP) or other mechanisms that could enhance the mentorship component.
c. Evaluate barriers to attorney participation and retention, including compensation, administrative burden, detention-facility access, training needs, and workload, and return with recommendations to address barriers that limit the number of attorneys willing and able to accept ILDP cases.
3) Direct the Chief Administrative Officer, in coordination with the Public Defender’s Office, to include a strategy in the Implementation Plan identified in Recommendation 4 to establish a formal attorney-support framework that protects clients while helping panel attorneys succeed.
a. Establish minimum practice standards and required ongoing training for ILDP panel attorneys, including continuing legal education, in-person or virtual skills training, updates on changes in immigration law and procedure, and specialized training for detained cases.
b. Establish a program-level service monitoring process that builds upon existing case funding indicators, monthly attorney reporting, and client feedback mechanisms to identify and address potential concerns regarding the timeliness, responsiveness, and quality of legal representation. The process shall respect attorney independence, client confidentiality, and the operational structure of the contract panel system, while providing appropriate procedures for reviewing substantiated concerns and identifying opportunities for additional attorney training and support.
c. Create a graduated process for coaching, remediation, additional training, suspension, or removal from the panel when quality standards are not met, with appropriate due process for participating attorneys.
d. Establish procedures to protect continuity of representation when a panel attorney leaves the program or is otherwise unable to continue representation, including timely reassignment, client notification, and protection of pending deadlines, consistent with applicable professional obligations and court requirements.
4) Direct the Chief Administrative Officer to report back to the Board within 120 days with an ILDP Policies and Procedures Manual Implementation Plan (Implementation Plan) including anticipated costs and funding source(s) and baseline data and thereafter provide regular public reporting on: the number of active panel attorneys; recruitment and retention; average active caseload; referrals and assignments; time from referral to attorney assignment; number and length of waitlisted cases; training and mentorship participation; and program outcomes. Reporting should be designed to identify capacity constraints early and guide future funding and staffing decisions.
End
Equity Impact Statement
Access to legal representation should not depend on a person’s income or ability to navigate a complex immigration system alone. For detained individuals and their families, financial hardship, language barriers, and limited access to legal resources can make securing counsel especially difficult. The recommended actions strengthen the Immigrant Legal Defense Program’s ability to serve eligible residents by expanding attorney capacity, supporting quality representation, and preserving merit-blind access so that assignment of counsel does not depend on a prediction of case success. Transparent assignment procedures and reporting on waiting times and unmet demand will help the County identify gaps in access and guide future resource decisions. Together, these efforts advance equitable access to legal representation and support the stability of immigrant families and communities throughout San Diego County.
Sustainability Impact Statement
The recommended actions support the long-term sustainability of the Immigrant Legal Defense Program by investing in the attorney recruitment, mentorship, training, and retention practices needed to maintain a qualified panel. Monitoring workloads and addressing barriers to participation will help the County respond to growing demand while supporting attorneys’ continued participation and protecting the quality of representation. Regular reporting will inform resource planning and help identify capacity constraints before they deepen. By strengthening access to counsel for residents facing detention and deportation, these actions also support family stability and the social and economic resilience of San Diego County communities.
Fiscal Impact
Funds for today’s actions are included in the Fiscal Year 2026-27 Operational Plan in the Office of the Public Defender based on existing staff resources funded by existing General Purpose Revenue. There may be future fiscal impacts associated with future actions contemplated by the Recommendations, which staff would return to the Board for consideration and approval. There will be no change in net General Fund costs and no additional staff years as a result of today’s actions.
Business Impact Statement
N/A
Advisory Board Statement
N/A
Background
Under the Fifth Amendment of the U.S. Constitution, no person regardless of citizenship status shall “be deprived of life, liberty, or property, without due process of law.” Currently, deportation rates in the United States following ICE arrests have increased five times more than the average rate in 2024. San Diego County’s Immigrant Legal Defense Program (ILDP) was established to ensure that eligible immigrants facing deportation proceedings have meaningful access to legal representation and due process. Since its creation, the program has represented more than 3,000 individuals.
Demand for representation, however, is growing faster than the program’s attorney capacity. The ILDP currently has a maximum capacity of 66 attorneys, while projected program costs increase from $5 million in FY 2025-26 to $12.6 million in FY 2026-27 and $17.3 million in FY 2027-28. Without sufficient attorneys, additional funding alone cannot guarantee that eligible clients will receive timely representation.
As ILDP enters its fifth year, the County must focus not only on how many people the program serves, but also on the capacity, recruitment, retention, and quality of its attorney panel. Immigration cases are complex, time-sensitive, and often handled under demanding conditions that can contribute to attorney burnout and affect program capacity.
Today’s action strengthens ILDP by establishing a framework for periods when demand exceeds available attorneys, expanding attorney recruitment and mentorship, strengthening training and quality standards, and requiring better evaluation of attorney capacity and performance. These reforms will help ensure that County investments translate into timely, high-quality legal representation and meaningful access to due process.
Linkage to the County of San Diego Strategic Plan
Today’s proposed actions support the Equity, Justice, Empower, and Sustainability initiatives in the County of San Diego’s 2026-2031 Strategic Plan by strengthening access to legal representation for eligible residents facing detention and deportation. These actions advance Equity and Justice by addressing barriers to counsel and preserving merit-blind access to representation. They support Empower through partnerships with law schools, bar associations, and immigration-law organizations to recruit, train, and mentor participating attorneys. These actions also advance Sustainability by strengthening attorney retention, monitoring program capacity, and using data to guide long-term resource planning, while supporting the stability and resilience of immigrant families and communities.
Respectfully submitted,
Terra Lawson Remer Paloma Aguirre
Supervisor, Third District Supervisor, First District
Attachment(s)
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