San Diego County Warns Immigrant Legal Defense Program May Run Out of Money

Surge in ICE detainees at Otay Mesa facility driving up demand for legal help, could leave program millions short.

Mar. 16, 2026 at 3:23am

A new San Diego County report warns the region's Immigrant Legal Defense Program could run out of money as the number of detainees in federal immigration custody continues to rise. County officials say the growing population at the Otay Mesa detention center is driving a sharp increase in demand for legal representation, with projections showing the program could face a double-digit million-dollar deficit if migrant detention numbers continue to increase.

Why it matters

The Immigrant Legal Defense Program provides critical legal representation to detained immigrants in San Diego County, but the surge in detainees at the Otay Mesa facility is straining the program's resources. Without additional funding, the program may be forced to turn away clients or scale back services, leaving many immigrants without access to legal counsel.

The details

Under current funding, the county said the program can support about 525 detained clients and 25 unaccompanied minors each month. However, projections show roughly double that number could require legal help in the upcoming fiscal year. Even suspending new client intake as early as July may not cover all projected expenses. The program has seen a dramatic increase in clients, from about 56 per month in April 2022 to about 1,200 per month this fiscal year, with the number of attorneys providing services rising from 11 to 56.

  • In April 2022, the program averaged about 56 clients per month.
  • As of December, the program is averaging about 1,200 clients per month this fiscal year.
  • By the end of the current fiscal year, the program's $5 million budget, along with $4.6 million carried over from the previous fiscal year, is expected to be fully used.

The players

San Diego County's Immigrant Legal Defense Program

A program that provides legal representation to detained immigrants in San Diego County.

Otay Mesa detention center

A federal immigration detention facility in San Diego County where the average daily population has increased by about 200% when comparing the 2020-21 and 2024-25 fiscal years.

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What’s next

County officials said departments, nonprofit partners and policymakers will play a key role in sustaining the legal defense program over the long term, and that potential changes in immigration laws could either ease or increase the projected demand for services.

The takeaway

The surge in ICE detainees at the Otay Mesa facility is straining the resources of San Diego County's Immigrant Legal Defense Program, which provides critical legal representation to detained immigrants. Without additional funding, the program may be forced to turn away clients or scale back services, leaving many immigrants without access to legal counsel.