Public defender urges Alameda County to boost immigration defense capacity ahead of federal shifts

Rahal Giorgiani, deputy public defender and managing attorney of Alameda County's Immigration Representation Unit, urged the county on Dec. 19 to increase staffing and litigation resources to protect noncitizen residents from rapidly changing federal immigration policies.

Giorgiani told the Board of Supervisors' Public Protection Committee that the unit was created in January 2014 to provide continuity of representation for public-defender clients who face immigration consequences after criminal cases. The unit currently includes six immigration defense attorneys, one-and-a-half full-time legal secretaries and a half-time social worker, she said.

"When people are detained and face deportation, unlike in the criminal system, they do not have a right to appointed counsel," Giorgiani said, describing the unit's work to ensure clients have access to legal advice and representation. She said deportation policies "hurt communities" and often fall hardest on communities of color and low-income residents.

Giorgiani laid out five core practice areas: (1) Padilla-related advisals to criminal defense counsel so noncitizen defendants understand immigration consequences; (2) traditional removal-defense representation in immigration court and on appeal; (3) screening and representation for Special Immigrant Juvenile Status for abused, abandoned or neglected children; (4) post-conviction relief to vacate convictions that create deportation barriers; and (5) federal litigation, including habeas petitions and other suits when administrative remedies fail.

She noted the unit's 2016 Program of the Year recognition from the California Public Defenders Association and said the Alameda model has been replicated in neighboring counties. Giorgiani also described how vacating certain state convictions can preserve a client's ability to pursue federal relief.

Pointing to what she described as likely rapid federal changes after an incoming administration, Giorgiani recommended three immediate county actions: hire additional immigration-defense attorneys and support staff; budget for immigration litigation expenses (experts, evaluations and application fees); and revive a countywide hotline/rapid-response coalition (the CELIP hotline) to connect families and detained individuals to services.

"These are the three things that we think that the Board of Supervisors can do immediately to protect non citizen communities," Giorgiani said. She added that the county's sheriff had taken a noncooperation position with ICE and that the county should encourage similar policies across local law enforcement and probation.

Supervisors praised the presentation and asked Giorgiani to provide cost projections and an executive summary about reviving the hotline. One supervisor requested staffing-and-cost options described as "bare minimum," "moderate" and "optimal" so the board could consider budget trade-offs during the upcoming cycle. Giorgiani said she would provide data on caseloads, outcomes and rough budget estimates.

During public comment, Brian Hofer, executive director of Secure Justice, urged the county to assess data-collection and sharing practices that could reveal immigration status, and flagged participation in federal-local task forces and regional information centers as potential privacy risks. Royal Roberts, chief assistant district attorney, thanked the public defender's office for the briefing and said prosecutors remained committed to protecting rights while prioritizing public safety.

The committee asked staff to follow up on Giorgiani's requests for budget projections and a hotline plan. The committee adjourned and noted a potential next meeting on Jan. 23.