Special Notice / Hearing: None
Vote Required: Majority
To: Honorable Board of Supervisors
From: Michael P. Callagy, County Executive Officer
Justin W. Mates, Deputy County Executive
Emma Gonzalez, Director, Office of Community Affairs
Subject: Measure K: Agreements with the Legal Aid Society of San Mateo County for Affirmative Legal Services, Removal Defense Legal Services, and Rapid Response Legal Services to Support Immigrant Residents in San Mateo County
RECOMMENDATION:
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Measure K: Adopt a resolution approving agreements for continued legal services supporting immigrant residents of San Mateo County:
A) Authorizing and directing the President of the Board to execute an agreement with the Legal Aid Society of San Mateo County to provide Affirmative Legal Services, for the term of July 1, 2025 through June 30, 2026, in an amount not to exceed $416,649; and
B) Authorizing and directing the President of the Board to execute an agreement with Legal Aid Society of San Mateo County to provide Removal Defense Legal Services, for the term of July 1, 2025 through June 30, 2026, in an amount not to exceed $800,671; and
C) Authorizing and directing the President of the Board to execute an agreement with Legal Aid Society of San Mateo County to provide Rapid Response Legal Services, for the term of July 1, 2025 through June 30, 2026, in an amount not to exceed $533,964; and
D) Granting a waiver of the competitive bidding requirement for acquisition of these legal services.
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BACKGROUND:
According to the American Community Survey, a third of San Mateo County residents are foreign-born and many of these residents have children who are United States citizens. These immigrants are important to the vitality of our community and to the San Mateo County economy. The County has identified a need for legal services to support immigrants in the community.
These needed services include: legal workshops providing immigrants with information on topics such as their rights, the path to citizenship, and immigration benefits (e.g., relief for crime victims, Deferred Action for Childhood Arrival (DACA), Special Immigrant Juveniles, Asylum, and removal defense); brief individual consultations and assistance to screen immigrants for potential benefits and to make appropriate legal referrals; assisting immigrants in applying for certain forms of immigration relief, such as special immigrant juvenile status (for abused and abandoned youth), U visas (for crime victims), and DACA benefits; and, responding to immediate and initial needs of immigrants and families affected by enforcement operations.
The County has contracted with the Legal Aid Society of San Mateo County and a network of sub-contracted nonprofit partners (“Legal Aid Society”) to provide the services described above since 2017, owing to Legal Aid Society’s familiarity with the legal needs of San Mateo County residents, their long experience working with these populations, and their ability to continue providing these services without interruption.
The most recent agreements between the County and the Legal Aid Society (for Affirmative Legal Services and Removal Defense Legal Services) were entered on July 1, 2019 (“Agreements”) and have since been amended four times. The Fourth Amendments were approved by the Board on July 11, 2023. Those amendments extended the term of the Agreements by two years through June 30, 2025, and increased the maximum amount expendable by $2,373,902.36.
DISCUSSION:
Recent shifts in immigration policy and practice have created uncertainty for our immigrant communities throughout San Mateo County, many of whom would benefit from an extension of Legal Aid Society’s services. Therefore, staff recommends entering three new, restructured, one-year contracts with Legal Aid Society (for Affirmative Legal Services, Removal Defense Legal Services, and Rapid Response Legal Services) to continue providing these services for the term of July 1, 2025, through July 31, 2026, for a total not to exceed amount of $1,751,284 to be funded through Measure K reserves. These contracts for legal services are eligible for waiver from competitive bidding requirements, but County staff intends to explore a competitive solicitation for these services following expiration of the new term.
Affirmative Legal Services
Since 2017, the Legal Aid Society and subcontracted partners hosted over 200 community workshops serving over 4000 individuals; provided over 2000 legal consultations (brief legal services); and filed over 1500 applications for affirmative immigration relief on behalf of San Mateo County residents. Additionally, since 2021, dedicated bimonthly asylum clinics have provided over 300 residents in need of urgent humanitarian protections with assistance for self-filing for asylum. The recent changes in policies at the national level have caused anxiety and fear in our immigrant communities, and nonprofit legal service providers have seen increasing demand for immigration legal services, community education, and representation. There remains a need for the continued provision of the services described above.
The current agreement with the Legal Aid Society for affirmative legal services is for a two-year term ending June 30, 2025, and a not to exceed amount of $636,117.63. The proposed new Affirmative Legal Services agreement with the Legal Aid Society would require substantially the same services as under the current contract for a one-year term of July 1, 2025, through June 30, 2026, for an amount not to exceed $416,649. Under the new agreement, the Legal Aid Society will be expected to reach at least 400 residents through Know Your Rights presentations, free legal workshops, individual consultations, workplace policy training, and applications for affirmative immigration relief.
Removal Defense Legal Services
Since September 2018, the Legal Aid Society, in coordination with partner subcontractor agencies, has represented 219 individuals in removal proceedings pursuant to the current Agreement, and 172 cases have been closed. Of these 172 closed cases, there have been successful outcomes in 146 (85%) of the cases litigated, including 71 grants of Asylum and 35 grants of Special Immigrant Juvenile Status, as well as other forms of relief. Five (5) appeals were dismissed, one (1) removal defense case was dismissed, fourteen (14) clients withdrew or transferred to new counsel, and contact was lost with six (6) clients.
The life of a case can last several years, and there are still 47 active cases remaining from the original 219, with individuals represented from throughout the County. Of those represented, 53% are 18 years of age or younger, 81% have sought asylum, and almost 13% have filed for Special Immigrant Juvenile Status.
The current agreement with the Legal Aid Society for removal defense legal services was for a two-year term ending June 30, 2025, and a not to exceed amount of $1,737,725, which includes the Rapid Response Legal Services discussed below. The proposed new Removal Defense Legal Services agreement with the Legal Aid Society would require substantially the same services as under the removal defense portion of the current contract for the 47 remaining active cases for a one-year term of July 1, 2025, through June 30, 2026, for an amount not to exceed $800,671. Legal Aid will also take on new matters under limited scope representation in consideration of the one-year term of the contract. Under this new agreement, the agreement will shift from a case-based to a matters-based reporting model providing additional transparency for the legal services provided. Rather than reporting on the number of “cases” carried during the reporting period, Legal Aid Society will now report on the number and types of “matters” completed, which can range from such activities as participating in a hearing to filing a complementary petition. Additionally, the agreement will facilitate technical training and assistance to help build expertise and capacity among the implementing partners.
Rapid Response Legal Services
Since September 2018, the Legal Aid Society has supported the Rapid Response Services Network as part of the Removal Defense Legal Services agreement. Rapid Response Legal Services provides comprehensive dispatch (hotline), information and referral, and social and material support coverage in San Mateo County through Faith in Action Bay Area (FIABA). FIABA provides referrals for shelter, housing, food and other safety net services to immigrant callers to the hotline and their families. To help dispel rumors and misinformation about immigration enforcement activities, FIABA trains community members to observe and confirm immigration enforcement activity and accompany residents to ICE check-ins and hearings, as requested. Trained community leaders provide outreach presentations as well to increase awareness of the Rapid Response Hotline. FIABA also provides limited legal support in the form of attorney activation in response to certain hotline calls, whereby the attorney response is designed to educate, consult with, and assist a potential target of immigration enforcement with the full exercise of their legal rights under the law.
Between January and March 2025, the Rapid Response Hotline received 2,252 calls, representing a 3,465% increase in calls compared to the same time period the prior year. In addition, since January 2025, FIABA has trained 620 community volunteers and held 87 outreach events.
While rapid response services have been covered as part of removal defense under the current Agreement, staff propose breaking out this category of services as its own agreement going forward.
The proposed new Rapid Response Legal Services agreement with the Legal Aid Society would require a substantial increase of services from the current contract to immigrant residents for a one-year term of July 1, 2025, through June 30, 2026, for an amount not to exceed $800,671. Under this new agreement, the Legal Aid Society will support the significant increase in hotline calls, emergency and urgent response legal consultations, and phone interpretation services to speakers other than English. There will be a new coordinator to manage the volunteers, accompaniment activities, and family support. Additionally, the new agreement will allow for short-term or limited scope filings to meet urgent legal needs without committing to long-term representation.
The Board has previously waived the competitive bidding requirements for the Legal Aid Society’s services under the existing Agreement. Given the Legal Aid Society’s unique experience working in and with affected San Mateo County communities and their ability to provide legal services without interruption on active cases, staff recommends that the competitive bidding process again be waived for the three new, restructured agreements with respect to the legal services provided pursuant to the Administrative Memorandum B-1, IV.B.1 (“Expert witnesses, legal defense, legal advice, or other legal services”) and San Mateo Ordinance Code Section 2.83.050(e) (providing the Board “may waive any of the provisions of this chapter which require competitive bidding in any situation where the Board of Supervisors determines that the best interests of the County would be served without the necessity of competitive bidding”).
While the legal services provided under these agreements would remain eligible for waiver from competitive bidding requirements, the County would pursue a competitive solicitation for any future contracting for such services after the expiration of the proposed agreements. Any such future solicitation would reflect then-current assessments of system needs and the impacts of changing federal immigration policies to our residents.
The County Attorney has reviewed the proposed agreements and resolution as to form.
PERFORMANCE MEASURES:
Summary measures are provided below, each agreement contains detailed measures.
Affirmative Legal Services:
• Reach at least 400 residents from Know Your Rights presentations, free legal workshops, individual consultations, workplace policy training and applications for affirmative immigration relief.
Removal Defense Legal Services:
• Active Cases: prioritize closure of the 47 active cases remaining from the original 219
• Each attorney funded to handle at least 50 matters-based activities a year, for a total of at least 350 matters-based activities
Rapid Response Services:
• Staff emergency hotline 24 hours a day, 7 days a week
• Provide urgent and emergency response legal representation
• Provide urgent response limited scope legal services
COMMUNITY IMPACT:
The County of San Mateo is dedicated to ensuring access to legal services for immigrants and to fostering welcoming communities. The approval of these three agreements will enable to County to continue a successful program that allows for legal services providers to build capacity and serve the most in need immigrant populations in large group settings. This program allows for accessible services and legal workshops for immigrants seeking legal consultation, immigration relief and pathways to citizenship who may not have otherwise the resources to seek professional legal services. The agreements will also enable the County to continue to support the pursuit of citizenship for the47 at-risk immigrants seeking asylum currently represented by the Legal Aid Society under the existing agreements, including unaccompanied minors, and to prevent the removal and separation of these individuals and/or families from their established communities. Staff does not expect any negative impacts from approving these contracts.
FISCAL IMPACT:
Together, the three new agreements will be funded through $1,751,284 in Measure K Reserves. Appropriation for these agreements will be included as a September Revision in Non-Departmental Services FY 2025-26 Adopted Budget.