THE NEED FOR IMMIGRATION LEGAL SERVICES


Over a quarter of Californians—approximately 11 million—are foreign born, with nearly 5 million (45 percent) without U.S. citizenship.[1] Immigrants experience civil legal needs in areas including health care, housing, and safety, with their legal issues often compounded by lack of access to visa, asylum, and deportation defense. Individuals living at or below 200 percent of the federal poverty level can seek services from legal aid organizations. However, as will be shown below, demand for these services has increased, driven in part by uncertainty surrounding the impact of President Trump’s immigration policy agenda. This section examines the need for immigration services and available resources to meet those needs.

THE DEMAND FOR IMMIGRATION LEGAL SERVICES

In 2024, the NORC at the University of Chicago surveyed Californians regarding their civil legal needs. As summarized in "Measuring Californians' Unmet Civil Legal Needs," most California households across all income groups experienced at least one civil legal issue in the previous 12 months, and they did not seek or receive legal help for most of these problems. The most prevalent legal problems relate to compromised personal information, consumer issues, health care, and housing. Two of the nearly 90 civil legal problems presented in the NORC survey pertained to immigration. Specifically, survey respondents were asked: Have you or anyone in your household “needed to fill out or file paperwork or legal documents relating to U.S. immigration” or “attended court, trial, or other legal actions related to U.S. immigration?”

Nearly one in 10 California households has experienced a civil legal problem related to immigration in the last 12 months.

Nearly one in 10 California households reported having experienced a civil legal problem related to immigration.[2] Californians are more likely to seek and receive legal help for issues related to immigration than any other type of civil legal problem, including problems related to compromised personal information, consumer issues, healthcare, and housing. Californians sought legal help for more than half of the immigration problems they faced (53 percent) and received legal help for 40 percent of them (see figure 20).

Figure 20. Prevalence, Help Seeking, and Help Received for Civil Legal Problems Experienced by California Households


Over eight in 10 State Bar-funded legal aid organizations report an increase in requests for immigration legal services since the 2024 national election.

President Trump’s immigration agenda has emphasized stricter enforcement, expanded deportation efforts, reduced legal immigration pathways, increased restrictions on asylum and refugee admissions, heightened immigration raids, and has included changes to the Temporary Protected Status program. In early 2025, the State Bar of California surveyed over 100 legal aid organizations receiving grants to provide civil legal aid to learn how organizations cope with this shifting federal policy landscape and determine what support is needed.[4] Most organizations (68 percent) reported an increase in requests for services since November 2024, and 84 percent reported an increase in immigration-related service requests.

IMMIGRATION LEGAL SERVICES LANDSCAPE

Immigrants can seek legal help from private attorneys, nonprofit legal aid organizations, and community-based organizations specializing in immigration law. Despite the significant need for immigration legal services, the supply of attorneys specializing in immigration law remains limited—just 2 percent of active attorneys in California self-report practicing immigration law, and 5 percent of certified legal specialists are certified in immigration and nationality law.[5] Immigrants who meet income eligibility criteria often rely on organizations that offer free or low-cost services rather than hiring private attorneys. This section outlines key providers and resources across California, highlighting the general landscape of immigration legal services rather than providing a comprehensive inventory.

Legal Aid Organizations Funded by the State Bar of California

As discussed in the section on funding for legal aid in this report, the State Bar, through the Legal Services Trust Fund Commission, is the largest single funder of legal aid organizations in California. In 2024, 110 legal aid organizations received over $180 million in funding through the State Bar, 89 of which were “direct service” organizations that regularly provide individuals with attorney representation. Of the 89 direct service organizations that received State Bar funding, the majority (60) provided immigration-related services. Examples of services offered include assistance with obtaining citizenship, seeking asylum, immigration detention and deportation, and rapid response to crises.

California Department of Social Services

The California Department of Social Services (CDSS) provides funding to organizations that offer free legal services to immigrants across the state. Examples of recent funding include the following:

to 85 organizations to support immigration legal services, education and outreach, legal training and technical assistance, and supportive services;

to the Removal and Defense program, supporting 27 organizations in providing legal services for individuals requiring deportation defense; and

to the Youth Legal Services to provide legal services to immigrant youth and unaccompanied undocumented minors.[6]

Department of Justice’s Recognition and Accreditation Program

The U.S. Department of Justice’s Recognition and Accreditation Program, established over 60 years ago, expands legal representation for low-income people in immigration-related matters. This program permits Accredited Representatives, nonattorney employees, and volunteers to practice immigration law before the federal government through Recognized Organizations and nonprofit organizations providing immigration legal aid to low-income people. Over 500 Accredited Representatives served in one of 141 Recognized Organizations across California in 2024.[7] In 2023, 13 of the 50 State Bar-funded organizations that provided immigration services were Recognized Organizations. These 13 organizations provided 54 percent of all immigration legal cases served by extended services across all 50 organizations.[8] This research suggests that engaging Accredited Representatives enhances an organization’s capacity to offer extended immigration legal services.

The State Bar has conducted extensive research and outreach among its grantee organizations and institutional partners (such as California state agencies and the federal Department of Justice) regarding the value of becoming a Recognized Organization, using Accredited Representatives, and securing funding for these services in California. Efforts have included convening focus groups and presenting on the Recognition and Accreditation program at conferences and webinars.

Immigration Consultants

California Business and Professions Code section 22440 defines immigration consultants as individuals who provide nonlegal assistance on immigration matters. Immigration consultants must register with the California Secretary of State, pass a background check, and pay a $100,000 corporate surety bond.[9] They are not authorized to provide legal advice or representation for immigration matters. However, they are permitted to provide a variety of nonlegal assistance, including translating a client’s answers to questions on state or federal forms, translating information on state or federal forms for a client, obtaining copies of supporting documents needed for state and federal forms, submitting completed forms to the United States Citizenship and Immigration Services office, and referring clients to appropriate legal representation. As of March 2025, there were around 1,400 active immigration consultants in California.[10]

State Bar Efforts to Educate the Public About Immigration Legal Service Fraud

Only attorneys with active law licenses and accredited representatives are authorized to provide legal advice in California.[11] Providing legal advice without a license or while a license is suspended is considered the unlawful practice of law (UPL). To protect the public from UPL, the State Bar actively educates the public on finding reliable legal help and protecting themselves from immigration legal sevices fraud. The State Bar website offers various resources, including information on accessing immigration-related services, instructions on filing complaints in multiple languages against those engaging in UPL, and guidance on when to act. The State Bar established a UPL unit to investigate complaints to strengthen enforcement efforts, processing 17,360 UPL cases in 2023 alone. Many of these cases involved individuals targeting immigrant communities by posing as notaries, who are not licensed attorneys and are prohibited from offering legal advice and representing clients in court. Additionally, in 2023 the State Bar created the Office of the Public Trust Liaison (OPTL), which has expanded efforts to educate the public about the complaint process and how to avoid becoming victims of immigration fraud. OPTL engages directly with immigrant communities through recorded informational videos, radio, and social media campaigns as well as appearances on Spanish-language news broadcasts, providing critical guidance on identifying and avoiding fraudulent legal services.

CONCLUSION

There is a consistent prevalence of immigration legal needs across all income groups. Californians are more likely to seek and receive legal help for immigration-related matters than for other civil legal problems. However, only around one-third of the immigration problems faced by California’s lowest-income and middle-income households receive legal help for their immigration legal needs. The demand for immigration-related legal services is already rising, given the federal immigration policy landscape, with 84 percent of State Bar-funded legal aid organizations reporting increased service requests since the 2024 presidential election. While Governor Newsom approved Senate Bill 2, which provides an additional $25 million in funding for free legal services to support immigrant communities vulnerable to this changing federal landscape, that amount is likely insufficient to meet the legal needs of Californians.[12] Given the unmet legal immigration needs of middle-income people, there is also a need for fee-for-service attorneys who offer affordable immigration services.

Collecting comprehensive data on the intersection of immigration legal needs with other civil issues—such as housing and employment—is essential in developing targeted interventions. Understanding whether immigration concerns are primary or secondary would enable service providers to allocate resources effectively and address the multifaceted challenges immigrant communities face. Finally, 25 counties throughout California are not served by a legal organization participating in the Recognition and Accreditation Program. Although residents in these counties may access Accredited Representative services from Recognized Organizations in other counties, expanding the program to organizations within these underserved counties is essential to ensure equitable access to immigration legal services. To that end, the State Bar has recommended increasing the number of Accredited Representatives and Recognized Organizations by expanded training and funding, growing consumer awareness, and strengthening public protection related to the immigration-related justice gap in California.

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