Costa Mesa approves $200,000 immigration legal-defense fund, signs on to Perdomo amicus brief

The Costa Mesa City Council on Sept. 9 approved creation of a legal defense fund to help residents facing immigration detention and ordered staff to contract with nonprofit providers to deliver services.

Council approved an amended motion to start the fund at $200,000, with the Immigrant Defenders Law Center identified as the primary provider and the Public Law Center identified as a secondary partner if additional capacity is required. The council also agreed to participate in an amicus brief in Perdomo v. Nome, the federal case challenging "roving" immigration enforcement patrols.

City Attorney Hall Barlow presented options and legal limits the city must consider. "We looked at what the legal restrictions are. Obviously, federal funds or grants that are for specific purposes or restricted funds cannot be used for this purpose," Barlow told the council. She said the most cost‑effective approach is to partner with existing providers rather than build a new city program, and that several nonprofit legal organizations had indicated willingness to contract with the city.

Barlow summarized the litigation context. The district court in Perdomo issued a temporary restraining order finding that detaining people solely on the basis of race, ethnicity, language or place of work was insufficient to establish reasonable suspicion. The Ninth Circuit upheld the TRO on Aug. 1, but the U.S. Supreme Court granted an emergency stay the day before the meeting; a preliminary‑injunction hearing is scheduled for Sept. 24. "It's hard to say how the Supreme Court's stay of the TRO may affect the preliminary injunction hearing," Barlow said.

Why it matters

Council members and many public speakers said the city faces an urgent need because of recent enforcement incidents, including an August incident where day‑laborers at a Newport Boulevard site were detained. Commenters and council members said people detained for immigration reasons do not have the right to a government‑appointed attorney in immigration court and that detainees who cannot afford counsel face worse outcomes and extended detention.

What the council approved

- Establish a Costa Mesa Immigration Legal Defense Fund with an initial allocation of $200,000 (motion originally proposed at $150,000 and amended during deliberations).

- Enter into one or more agreements with nonprofit legal providers; Immigrant Defenders Law Center designated as the primary provider; Public Law Center to provide additional capacity and services where necessary.

- Direct staff to accept public donations into the fund and to provide periodic non‑confidential reporting to council when the fund balance reaches $50,000 or to report on usage and additional funding needs.

- Authorize the city to join an amicus brief in Perdomo v. Nome in support of the TRO/preliminary injunction; the city was not asked to provide financial contributions for the amicus filing itself.

Public comment and community input

Dozens of residents, nonprofit leaders and lawyers addressed the council in favor of the fund and of joining the Perdomo briefing. Speakers included representatives from Resilience Orange County, the Orange County Rapid Response Network and the Immigrant Defenders Law Center. Melissa Shepherd of the Immigrant Defenders Law Center described the organization's experience responding to recent detentions and urged the council to invest in local representation.

Council discussion and next steps

Council members who supported the motion described the action as a public‑safety and access‑to‑justice measure. Supporters emphasized that immigration proceedings are civil—detainees do not receive appointed counsel—and that a city‑funded program can reduce trauma, keep families together and speed reunification in some cases.

City staff noted legal constraints on use of restricted federal funds but said the city's general fund may be used for the program. Barlow advised the council that contracting with existing nonprofit providers would be faster and more efficient than building an in‑house program. Staff were directed to finalize agreements and to begin implementation through the named providers.

Votes and implementation

The motion (as amended to $200,000 and to include contract direction and amicus participation) passed by council vote 5-2 as recorded in the meeting minutes. The minute entry records the final tallies but does not list every individual roll‑call vote in the transcript; the council directed staff to execute contracts with the specified nonprofit providers and to report back on fund use and needs.

Ending

Council members directed staff to begin contracting and to return with updates; the council also authorized the city attorney to sign the amicus participation request for Perdomo. The fund is open to supplemental public donations, and staff will report back with non‑confidential summaries of fund use when balances reach $50,000.

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