Governor Gavin Newsom Unveils $4.5 Million Free Immigration Legal Services Pilot Program

Governor Gavin Newsom unveiled a $4.5 million pilot program with the aim of providing free immigration-based legal assistance services to farmworkers in the country illegally currently involved in state labor investigations.

While illegal immigrants have had access to free immigration legal services sponsored by California since 2015, with a list of pro bono services even being released by the Department of Justice, there had been a gap in the specific focus of migrant farmworkers due to the different legal status and laws applying to them. Also of concern is the general farm labor shortage in the country, with some lawmakers believing that a solution is to help keep migrant farm workers in the country legally.

These issues led to Governor Newsom unveiling his program on Wednesday. Under the pilot program, case review services, legal advice and representation by an attorney would be given for free thanks to funding by the state, albeit only to workers currently under investigation by California labor officials.

“Farmworkers are the backbone of our economy and we won’t stand by as bad actors use the threat of deportation as a form of exploitation,” Newsom said in a statement on Wednesday. “In the absence of Congress modernizing our broken, outdated immigration system, California continues our efforts to support immigrant families.”

Supporters of the program noted on Thursday that workers will not only be protected from deportation, but they can also now come forward with labor violations to the state without fear of retaliation, as well.

“Prosecutorial discretion ensures that farmworkers will be empowered to enforce their labor rights and stand up against the abuse and exploitation they often face,” said UFW Foundation CEO Diana Tellefson Torres. “Undocumented farm workers – who form such a large and essential portion of our nation’s workforce – must be able to enforce their rights without the threat of immigration retaliation.  Additionally, it is of utmost importance that undocumented workers have access to free and low-cost legal services, so that any farmworker who has experienced workplace violations can come forward knowing they are protected from deportation. We are excited about the new pilot program and look forward to working with Governor Newsom to make it a success.”

However, opponents blasted the program, noting that both illegal immigration and the number of lawsuits would rise as a result of it.

“It’s going to encourage increased illegal immigration, which must be stopped. It’s going to increase potentially frivolous lawsuits being brought against small businesses and farmers in this state, and that is the last thing they need to deal with,” said lawyer and 2024 U.S. Senate candidate Eric Early. “They’re already under too much regulatory pressure, which is causing business and farmers to go out of business all too often.”

Legal aide Mitchell Diaz also told the Globe that “This is only going to make the job of lawyers harder. More money from the state sounds great, but it is just going to create more lawsuits and put more pressure on immigration lawyers, who already are being overworked right now.”

The pilot program funds are to be divested soon.