By Journalist Alexandria Willard (OSU)
Immigration-related legal representation in Oklahoma faces challenges and complexities, much like in many other states across the United States. These challenges include, but are not limited to: limited resources, the public defender’s office, and legal aid organizations.
Access to legal representation for immigrants, especially those with low incomes or residing in remote areas, can be limited. The cost of legal services, coupled with a shortage of attorneys specializing in immigration law, often hampers individuals’ ability to seek proper legal advice.
The Public Defender’s Office in Oklahoma, like in some other states, may provide legal counsel or representation to immigrants facing removal proceedings or deportation. However, the scope and capacity of such services may be restricted due to resources and eligibility criteria.
Non-profit organizations and legal aid groups in Oklahoma might offer immigration-related legal services to low-income individuals. These organizations often provide assistance with immigration applications, legal consultations, and representation for certain cases.
Senate Bill No. OU-006, titled the “Becoming American” Act of 2023, authored by Garcia (OU), addresses immigration-related legal representation in Oklahoma.
The proposed law mandates the establishment of an “Immigration Division” within the Public Defender’s Office of Oklahoma, offering legal counsel advice to individuals meeting specified criteria. To qualify for this aid, individuals must have income falling below or equal to five times the poverty level, have filed taxes using an ITIN number, and have no recent criminal convictions.
Garcia said, “I’m an immigrant. I’ve been living here in the United States for the past 6 years, and I know how hard the immigration process is. I believe living here is such a privilege and I was everyone to have the opportunity to do that. So I wanted to create a pathway so that they can get some sort of help to ease this process.”
Amendments to the bill saw considerable debate and alteration. Passed amendments struck sections defining “counsel,” removed the requirement concerning criminal history for aid eligibility, and clarified that “legal counsel” refers to advice, not representation, among other changes.
The act is set to take effect 182 days after passage and approval. If enacted, this legislation could significantly impact how legal aid is provided to certain immigrant populations in Oklahoma, raising discussions about access to legal resources for this demographic.
When asked if she thought if Oklahoma should consider this as a serious issue, she said, “I believe that Oklahoma should consider this, because if we are talking about immigrants, even tho Oklahoma will never become a sanctuary city, because it is a republican state, even by doing this we are allowing them the opportunity to be able to become legal here….they are paying taxes, and since they are paying texas, they should have access to some of the rights they are paying for.”