Right to Counsel
We believe fair access to legal counsel in immigration courts is integral to a fair and just system. Our research shows stark disparities in representation rates, with only 37% of immigrants overall–and just 14% of detained immigrants–securing legal representation. Discover more about how we’re working to address this issue.
Federal Judge Orders USCIS to Release Records on Access to Counsel
This week, a federal district court issued an opinion highly critical of U.S. Citizenship and Immigration Services’ (USCIS) handling of a Freedom of Information Act (FOIA) request submitted by the American Immigration Council (AIC) for records relating to noncitizens’ access to counsel. The Court ordered USCIS to turn over… Read More
Watchdog Report Offers Misdiagnosis of Immigration Court Backlog
With more than 325,000 cases pending at the start of October, our nation’s immigration courts are indisputably operating under a crushing backlog. The only question is whether and how it can be resolved. In a little-noticed report issued in early November, the Inspector General of the Justice Department levied a number of criticisms regarding the length of time needed to decide individual cases. Although the report makes a few valid points, its ultimate recommendations would prioritize the quantity of decisions made over the quality of decisions issued. Read More
Warrantless Arrests and the Timing of Right to Counsel Advisals
Challenging Matter of E-R-M-F- & A-S-M-: Warrantless Arrests and the Timing of Right to Counsel Advisals Washington, D.C.—In Matter of E-R-M-F– & A-S-M-, 25 I. & N. Dec. 580 (BIA 2011), the Board of Immigration Appeals severely undermined the protections provided by 8 C.F.R. § 287.3(c), holding… Read More
How Overburdened Immigration Courts Can Be Improved
By Naike Savain. Immigration courts are notorious for significant backlogs and lacking sufficient resources to timely and justly adjudicate the hundreds of thousands of removal cases pending before them. And, despite recent announcements that the Department of Homeland Security (DHS) is exercising prosecutorial discretion in some removal cases, immigration courts throughout the country struggle to manage their caseloads. In fact, some courts are scheduling hearings as far out as 2015, yet Congress seems unwilling to appropriate additional funding. A recent study commissioned by the Administrative Conference of the United States, however, addresses the gap between immigration courts’ workload and resources and recommends several improvements to the system. Read More
Falling through the Cracks
How Gaps in ICE's Prosecutorial Discretion Policy Affect Immigrants Without Legal Representation While the Obama administration’s has expanded use of prosecutorial discretion in immigration cases, the subject of immigrants without legal representation and their ability to access this discretion remains unresolved. In 2011, nearly half of all immigrants in removal proceedings appeared “pro se,” or without legal representation. While immigration attorneys can explain the effect of these policies to their clients, pro se immigrants may be unaware that new policies are even in effect. Immigrant advocates have thus been rightly concerned about whether pro se immigrants in removal proceedings will benefit from Immigration and Customs Enforcement’s (ICE) prosecutorial discretion policies. This paper lays out what immigration authorities can do to ensure that pro se immigrants understand what prosecutorial discretion is, how they can seek it, and what they should do after receiving (or not receiving) an offer of it. Read More
Access to Counsel Before CBP
The American Immigration Council, with co-counsel Dorsey & Whitney LLP, filed a lawsuit against the Department of Homeland Security (DHS) and U.S. Customs and Border Protection (CBP) to compel the release of records relating to noncitizens’ access to counsel. Read More
It’s Time to Improve Noncitizens’ Access to Counsel
In the United States, most immigration decisions impacting noncitizens are made by immigration officials in informal proceedings far from a courtroom. While the right to an attorney (at the noncitizens’ own expense) in immigration court proceedings is widely recognized, the right to counsel in administrative settings outside of a courtroom is often overlooked or explicitly not recognized. As a result, many noncitizens are forced to navigate the immigration process alone. For those noncitizens that are represented, the Department of Homeland Security (DHS) often restricts their access to their lawyers. Read More
USCIS Takes Steps to Improve Noncitizens’ Access to Legal Counsel
Washington D.C. – During its nine-year history, issues have arisen with respect to restrictions on counsel by the Department of Homeland Security’s immigration agencies. Tuesday, in response to calls from the American Immigration Council and the American Immigration Lawyers Association, the U.S. Citizenship and Immigration Services (USCIS) issued immediate,… Read More
Another Study Highlights Need for Legal Representation in Immigration Court
Findings released last week by the New York Immigration Representation Study reveal what immigration advocates long have said: whether a person has legal representation is a critical factor in obtaining a favorable result in immigration court. The findings—which are based on a study of individuals apprehended in New York from October 2005 through December 2010—show that amongst noncitizens who are not in detention, 74 percent of those with lawyers obtained favorable outcomes, versus only 13 percent of those without lawyers. Amongst noncitizens in detention, 18 percent of those represented by attorneys obtained favorable outcomes in immigration court, versus only 3 percent of those who lacked representation. Read More
Access to Counsel Before ICE
The American Immigration Council, with co-counsel Dorsey & Whitney LLP, filed a lawsuit against the Department of Homeland Security (DHS) and U.S. Immigration and Customs Enforcement (ICE) to compel the release of records relating to noncitizens’ access to counsel. Read More
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