Public defenders say immigration cases are outrunning a $950,000 city contract

The Defender Association of Philadelphia, the nonprofit the city pays to provide public defenders, says it cannot keep up with immigration cases on the money it has. Its leaders have asked the mayor and City Council to roughly double the city's immigration funding, to $1.8 million, the Philadelphia Tribune reported on Oct. 23.

Hudson told the Tribune that noncitizens "technically" have due process rights, but without a lawyer "that right is meaningless."

What the Defender Association reported

According to the Tribune:

• The office began taking immigration cases this year. It has represented about 20% of people in deportation proceedings who sought help with removal and bond cases.
• From Feb. 27 through Aug. 31, its lawyers handled 45% of immigration habeas cases in the federal court in Philadelphia. It has filed 401 petitions challenging detention.
• It has taken on work other legal aid groups used to handle.
• The immigration work runs on $950,000 from the city through the Office of Immigrant Affairs and a $100,000 state grant. The head of the immigration unit estimated the habeas petitions alone would cost about $3 million at private law firm rates.

Chief Defender Keisha Hudson said the office asked for more money in the spring budget process and did not get it. "We need vastly more investment and resources from the city," she told the Tribune.

What the city and Council said

In an Oct. 24 update to the Tribune story, the Parker administration said the Defender Association's base contract rose $2 million in fiscal 2027, to $71 million, up from under $48 million in fiscal 2021. It said the separate $950,000 immigration contract continues this year. A spokesperson for Council President Kenyatta Johnson said Council had pushed for $74.1 million for the office in its budget priorities.

What our records add

Council passed seven "ICE Out" bills this spring. They were introduced Jan. 29 (the Inquirer's guide to the package) and sent to the Committee of the Whole. All seven passed at the April 23 session with one member absent:

• Bill 260056: limits on collecting and using citizenship and immigration status information. Passed 15-1.
• Bill 260057: limits on how the city handles personal information for immigration enforcement. Passed 15-1.
• Bill 260058: adds citizenship and immigration status to the Fair Practices Ordinance. Passed 16-0.
• Bill 260059: bars city contracts with certain entities tied to immigration enforcement. Passed 15-1.
• Bill 260060: bars law enforcement officers from concealing their identity and requires visible badges. Passed 14-2.
• Bill 260061: bars immigration enforcement on city property and facilities. Passed 15-1.
• Bill 260062: restricts use of community spaces for unauthorized government purposes. Passed 14-2.

Each bill had 14 or 15 sponsors in our records. Parker signed six of them May 7. For Bill 260060, the identification bill, our record lists the mayor's action as "No Action Taken" and the bill as enacted.

None of the seven sets aside money for legal defense, according to their titles in our records. They limit what the city does with information, property and contracts. Money for lawyers comes through the budget, which is where the Defender Association made its request this spring.

The issue is also drawing federal attention. A House Judiciary Committee report this month criticized the city's handling of immigration detainers, the Inquirer reported. In a May letter to the committee, then-City Solicitor Renee Garcia wrote that statements by the sheriff and district attorney "are wholly separate" from the administration.

What's next

The Defender Association's next clear chance at more city money is the fiscal 2028 budget process next spring. Council's budget priorities letter and hearings are where members would press for an increase, as Johnson's office said Council did this year.