CA enacts RTC for immigrant children

10/12/2025 , California , Legislation , Immigration

The State of California has passed AB 1261, which creates, subject to appropriation, a right to counsel for “every immigrant youth in the State of California”.  It applies to “state court proceedings or submitting an affirmative filing for purposes of obtaining any order necessary for or relevant to immigration remedies, federal immigration proceedings, any related appearances or matters, and any appeals arising from those proceedings, before the United States Department of Homeland Security, federal court, or the Department of Justice.”  Funding has not yet been allocated for this new law, and its “subject to appropriation” clause will make the bill inoperative until such time.

 

Appointment of Counsel: Yes
Qualified: Yes
? If "yes", the established right to counsel or discretionary appointment of counsel is limited in some way, including any of: the only authority is a lower/intermediate court decision or a city council, not a high court or state legislature; there has been a subsequent case that has cast doubt; a statute is ambiguous; or the right or discretionary appointment is not for all types of individuals or proceedings within that category.