On Thursday, the Fresno City Council will consider dedicating $1 million of taxpayer money to provide legal services for people detained by U.S. Immigration and Customs Enforcement.

Fresno City Councilmember Miguel Arias said that the Immigration Legal Defense Fund would help pay legal fees for Fresno residents who may be illegally detained.

The money would refill the fund created in 2022, backed by then-city councilmember Luis Chavez, now a county supervisor.

“People need real resources and direct resources to be able to defend themselves and to be able to protect their constitutional right to due process and that’s what these funds and programs are for,” Arias said. “We want to be able to equip organizations to protect constitutional rights of immigrants being picked up on streets and at job sites.”

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Unlawful Detention Claims Successful: Vazquez

While how far $1 million would go remains unclear, a vast number of detainees have been released using relatively simple habeas corpus claims, said Xavier Vazquez, program director for the nonprofit Centro La Familia.

Arrests by ICE are often based on not much more than race, Vazquez said. More than 90% of releases come from attorneys who can show arrests were made unlawfully.

“That’s why we’re winning in court, because a lot of these detentions have nothing to do with a district judge issuing a warrant,” Vazquez said.

Legal help has largely been coming from attorneys working pro bono, Vazquez said. But with the 50 to 60 hours of legal work it takes to interview the person, gather documents, and work with family members, the free help won’t last forever, he said.

Once an individual is released, the case doesn’t end, however. About 80% of people screened by Centro La Familia don’t have criminal records, so attorneys have several legal approaches to use for people.

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Narrow Scope Could Help More People: Arias

Arias estimates that ICE has detained about 100 Fresno residents. He said regardless of legal status, immigrants are taxpayers.

“Immigrants, whether you’re documented or undocumented, you’re a taxpayer,” Arias said.

The $1 million would come from expected salary savings in the mid-year budget, Arias said. Every year, the city allocates money for vacant positions that may not get filled and the city ends up with a surplus.

The program would be run through the City Attorney’s Office. The city council can choose to hire a single firm or reach out to qualified attorneys seeking a below-market price for legal work.

Similar to the eviction protection program, the city can restrict the fund to simple, clear violations to avoid prolonged legal battles that can eat up funds, Arias said.

“When we get to narrowing the scope, that’s going to be one of the conversations,” Arias said. “If we can help a thousand people, if it’s just this type of filing, then let’s help 1,000 people. If we take one case that’s complex, we might be able to help 10 people.”

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