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    AB-1261
    Immigration

    Immigration: unaccompanied undocumented minors: right to legal counsel.

    Engrossed
    CA
    ∙
    2025-2026 Regular Session
    0
    0
    Track
    Track

    Key Takeaways

    • Requires California to provide legal counsel to undocumented minors in federal custody or living with sponsors.
    • Guarantees legal representation for immigration proceedings and related court matters.
    • Mandates attorneys receive specialized training in asylum and immigration visa processes.
    • Requires legal service providers to maintain malpractice insurance and indemnify the state.

    Summary

    Assembly Member Bonta's legislation mandates state-provided legal counsel for unaccompanied undocumented minors in California who are either in federal Office of Refugee Resettlement custody or residing with family members or sponsors. The right to representation begins when a minor receives a notice to appear for immigration removal proceedings and extends through all related state court proceedings, federal immigration matters, and subsequent appeals.

    The Department of Social Services must contract with either qualified nonprofit legal services organizations or county public defender offices to provide these services. Public defender offices must maintain an immigration unit or contract with immigration attorneys having at least three years of relevant experience. Additionally, attorneys handling these cases must complete four hours of specialized training covering asylum, T-visas, U-visas, and special immigrant juvenile status.

    The bill defines eligible minors as individuals under 18 years old who lack lawful immigration status and have no parent or legal guardian available in the United States to provide care and custody. Contracted legal service providers must carry malpractice insurance and indemnify the state against claims arising from their representation. The measure builds upon existing state programs that fund legal services for unaccompanied minors through nonprofit organizations, while expanding the pool of qualified providers to include public defender offices meeting specified requirements.

    Key Dates

    Next Step
    Referred to the Senate Standing Committee on Appropriations
    Next Step
    Senate Committee
    Referred to the Senate Standing Committee on Appropriations
    Hearing has not been scheduled yet
    Senate Human Services Hearing
    Senate Committee
    Senate Human Services Hearing
    Do pass, but first be re-referred to the Committee on [Appropriations]
    Senate Judiciary Hearing
    Senate Committee
    Senate Judiciary Hearing
    Do pass, but first be re-referred to the Committee on [Human Services]
    Vote on Assembly Floor
    Assembly Floor
    Vote on Assembly Floor
    AB 1261 Bonta Assembly Third Reading
    Assembly Appropriations Hearing
    Assembly Committee
    Assembly Appropriations Hearing
    Do pass
    Assembly Judiciary Hearing
    Assembly Committee
    Assembly Judiciary Hearing
    Do pass as amended and be re-referred to the Committee on [Appropriations]
    Introduced
    Assembly Floor
    Introduced
    Introduced. To print.

    Contacts

    Profile
    Anna CaballeroD
    Senator
    Committee Member
    Not Contacted
    Not Contacted
    Profile
    Cecilia Aguiar-CurryD
    Assemblymember
    Bill Author
    Not Contacted
    Not Contacted
    Profile
    Tim GraysonD
    Senator
    Committee Member
    Not Contacted
    Not Contacted
    Profile
    Megan DahleR
    Senator
    Committee Member
    Not Contacted
    Not Contacted
    Profile
    Kelly SeyartoR
    Senator
    Committee Member
    Not Contacted
    Not Contacted
    0 of 15 row(s) selected.
    Page 1 of 3
    Select All Legislators
    Profile
    Anna CaballeroD
    Senator
    Committee Member
    Profile
    Cecilia Aguiar-CurryD
    Assemblymember
    Bill Author
    Profile
    Tim GraysonD
    Senator
    Committee Member
    Profile
    Megan DahleR
    Senator
    Committee Member
    Profile
    Kelly SeyartoR
    Senator
    Committee Member
    Profile
    Mia BontaD
    Assemblymember
    Bill Author
    Profile
    Juan CarrilloD
    Assemblymember
    Bill Author
    Profile
    Liz OrtegaD
    Assemblymember
    Bill Author
    Profile
    Aisha WahabD
    Senator
    Committee Member
    Profile
    Robert GarciaD
    Assemblymember
    Bill Author
    Profile
    Mark GonzalezD
    Assemblymember
    Bill Author
    Profile
    Celeste RodriguezD
    Assemblymember
    Bill Author
    Profile
    Jose SolacheD
    Assemblymember
    Bill Author
    Profile
    Christopher CabaldonD
    Senator
    Committee Member
    Profile
    Laura RichardsonD
    Senator
    Committee Member

    Get Involved

    Act Now!

    Email the authors or create an email template to send to all relevant legislators.

    Introduced By

    Mia Bonta
    Mia BontaD
    California State Assembly Member
    Co-Authors
    Jose Solache
    Jose SolacheD
    California State Assembly Member
    Liz Ortega
    Liz OrtegaD
    California State Assembly Member
    Mark Gonzalez
    Mark GonzalezD
    California State Assembly Member
    Robert Garcia
    Robert GarciaD
    California State Assembly Member
    Celeste Rodriguez
    Celeste RodriguezD
    California State Assembly Member
    Juan Carrillo
    Juan CarrilloD
    California State Assembly Member
    Cecilia Aguiar-Curry
    Cecilia Aguiar-CurryD
    California State Assembly Member
    40% progression
    Bill has passed all readings in its first house and is ready to move to the other house (6/3/2025)

    Latest Voting History

    View History
    July 7, 2025
    PASS
    Senate Committee
    Senate Human Services Hearing
    AyesNoesNVRTotalResult
    4015PASS

    Key Takeaways

    • Requires California to provide legal counsel to undocumented minors in federal custody or living with sponsors.
    • Guarantees legal representation for immigration proceedings and related court matters.
    • Mandates attorneys receive specialized training in asylum and immigration visa processes.
    • Requires legal service providers to maintain malpractice insurance and indemnify the state.

    Get Involved

    Act Now!

    Email the authors or create an email template to send to all relevant legislators.

    Introduced By

    Mia Bonta
    Mia BontaD
    California State Assembly Member
    Co-Authors
    Jose Solache
    Jose SolacheD
    California State Assembly Member
    Liz Ortega
    Liz OrtegaD
    California State Assembly Member
    Mark Gonzalez
    Mark GonzalezD
    California State Assembly Member
    Robert Garcia
    Robert GarciaD
    California State Assembly Member
    Celeste Rodriguez
    Celeste RodriguezD
    California State Assembly Member
    Juan Carrillo
    Juan CarrilloD
    California State Assembly Member
    Cecilia Aguiar-Curry
    Cecilia Aguiar-CurryD
    California State Assembly Member

    Summary

    Assembly Member Bonta's legislation mandates state-provided legal counsel for unaccompanied undocumented minors in California who are either in federal Office of Refugee Resettlement custody or residing with family members or sponsors. The right to representation begins when a minor receives a notice to appear for immigration removal proceedings and extends through all related state court proceedings, federal immigration matters, and subsequent appeals.

    The Department of Social Services must contract with either qualified nonprofit legal services organizations or county public defender offices to provide these services. Public defender offices must maintain an immigration unit or contract with immigration attorneys having at least three years of relevant experience. Additionally, attorneys handling these cases must complete four hours of specialized training covering asylum, T-visas, U-visas, and special immigrant juvenile status.

    The bill defines eligible minors as individuals under 18 years old who lack lawful immigration status and have no parent or legal guardian available in the United States to provide care and custody. Contracted legal service providers must carry malpractice insurance and indemnify the state against claims arising from their representation. The measure builds upon existing state programs that fund legal services for unaccompanied minors through nonprofit organizations, while expanding the pool of qualified providers to include public defender offices meeting specified requirements.

    40% progression
    Bill has passed all readings in its first house and is ready to move to the other house (6/3/2025)

    Key Dates

    Next Step
    Referred to the Senate Standing Committee on Appropriations
    Next Step
    Senate Committee
    Referred to the Senate Standing Committee on Appropriations
    Hearing has not been scheduled yet
    Senate Human Services Hearing
    Senate Committee
    Senate Human Services Hearing
    Do pass, but first be re-referred to the Committee on [Appropriations]
    Senate Judiciary Hearing
    Senate Committee
    Senate Judiciary Hearing
    Do pass, but first be re-referred to the Committee on [Human Services]
    Vote on Assembly Floor
    Assembly Floor
    Vote on Assembly Floor
    AB 1261 Bonta Assembly Third Reading
    Assembly Appropriations Hearing
    Assembly Committee
    Assembly Appropriations Hearing
    Do pass
    Assembly Judiciary Hearing
    Assembly Committee
    Assembly Judiciary Hearing
    Do pass as amended and be re-referred to the Committee on [Appropriations]
    Introduced
    Assembly Floor
    Introduced
    Introduced. To print.

    Latest Voting History

    View History
    July 7, 2025
    PASS
    Senate Committee
    Senate Human Services Hearing
    AyesNoesNVRTotalResult
    4015PASS

    Contacts

    Profile
    Anna CaballeroD
    Senator
    Committee Member
    Not Contacted
    Not Contacted
    Profile
    Cecilia Aguiar-CurryD
    Assemblymember
    Bill Author
    Not Contacted
    Not Contacted
    Profile
    Tim GraysonD
    Senator
    Committee Member
    Not Contacted
    Not Contacted
    Profile
    Megan DahleR
    Senator
    Committee Member
    Not Contacted
    Not Contacted
    Profile
    Kelly SeyartoR
    Senator
    Committee Member
    Not Contacted
    Not Contacted
    0 of 15 row(s) selected.
    Page 1 of 3
    Select All Legislators
    Profile
    Anna CaballeroD
    Senator
    Committee Member
    Profile
    Cecilia Aguiar-CurryD
    Assemblymember
    Bill Author
    Profile
    Tim GraysonD
    Senator
    Committee Member
    Profile
    Megan DahleR
    Senator
    Committee Member
    Profile
    Kelly SeyartoR
    Senator
    Committee Member
    Profile
    Mia BontaD
    Assemblymember
    Bill Author
    Profile
    Juan CarrilloD
    Assemblymember
    Bill Author
    Profile
    Liz OrtegaD
    Assemblymember
    Bill Author
    Profile
    Aisha WahabD
    Senator
    Committee Member
    Profile
    Robert GarciaD
    Assemblymember
    Bill Author
    Profile
    Mark GonzalezD
    Assemblymember
    Bill Author
    Profile
    Celeste RodriguezD
    Assemblymember
    Bill Author
    Profile
    Jose SolacheD
    Assemblymember
    Bill Author
    Profile
    Christopher CabaldonD
    Senator
    Committee Member
    Profile
    Laura RichardsonD
    Senator
    Committee Member