By Lawrence Hurley
Daily Journal
5/23/07

WASHINGTON - Critics of the immigration-reform bill working its way through Congress have attacked a proposal to provide legal-aid services for thousands of illegal agricultural workers seeking to stay in the United States.

Under current law, the federal Legal Services Corp. is prevented from funding many services for illegal immigrants. But the draft of the mammoth bill backed by key sponsor Sen. Edward M. Kennedy, D-Mass, explicitly allows the corporation to provide funding that could help agricultural workers apply for the new "path to citizenship" visa.

Could Siphon Funds

In California, the provision would affect organizations that receive Legal Services Corp. funding, including California Rural Legal Assistance Inc., the Legal Aid Foundation of Los Angeles and Legal Services of Northern California.

Increased demand for those groups' services could siphon much-needed funds from other legal services for the poor, according to Ken Boehm, chairman of the Falls Church, Va.-based National Legal and Policy Center.

"There are people with serious legal problems who would take a step further back in the line," he said.

'Still Restrictions'

But Cynthia Rice of California Rural Legal Assistance downplayed the potential change, noting that it would not lift all current restrictions on providing legal services for illegal immigrants.

It merely would create another exception, she said, such as one on the books that allows immigrants to seek legal help if they are victims of domestic violence.

If the bill passes, "There would still be restrictions on providing legal services for undocumented folks," Rice added.

As many as 1.5 million immigrants - many from California, where the agricultural industry relies on immigrant workers - would be eligible to enroll in the agricultural-worker program. That is a relatively small portion of the 12 million illegal immigrants nationwide, of which 2 million to 3 million are thought to be in California.

The controversial, bipartisan bill is being debated in the Senate, but strong resistance from conservative Republicans and liberal Democrats could prevent its passage. The measure would toughen border protections but also allow illegal immigrants to apply for permanent residency.

The legal-services provision, tucked into Page 317 of the 326-page bill, states that the Legal Services Corp. should be able to provide legal assistance to those applying for the new Z visa. That visa would be the first step toward legalization for eligible agricultural workers already living in the United States.

Sen. Dianne Feinstein, D-Calif., is the program's main sponsor.

If applicants meet all conditions and pay about $4,500 in fees and fines, they can apply for permanent residency after eight years.

Barbara Moldauer, spokeswoman for the Legal Services Corp., said the legislation "wouldn't have a major impact" on resources because eligibility would be restricted to agricultural workers. She declined comment on the bill's merits.

It is unclear how many immigrants would seek or need legal advice.

David W. Leopold, a national officer of the American Immigration Lawyers Association, would recommend that applicants seek legal assistance where available to navigate the complex process.

"It would make sense for people to have their applications reviewed by someone familiar with the law," he said.

Leopold predicted, though, that most of that need would be met by "private attorneys and trusted members of the community."

Boehm disagrees, saying that "a good percentage would want to apply" for assistance, putting increased pressure on the already-strained legal-services system. His group maintains that legal-services lawyers have "a long history of promoting illegal immigration and showing contempt for the ban on representing illegals."

Boehm cited the fact that the Legal Services Corp.'s inspector general investigated California Rural Legal Assistance for that reason.

Rice responded by noting that the inspector general, in a September report, did not identify specific cases in which the organization had represented illegal workers.

The report concluded, though, that the California group might have violated Legal Services Corp. regulations by focusing too much on advocacy, rather than basic legal services.

Rice emphasized that it would be "flat out wrong" to assume that clients must be illegal because they are Hispanic.