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.
No One Should Face the Immigration System Alone: The American Immigration Council Highlights the Critical Need for Access to an Attorney for #GivingTuesday Campaign
The American Immigration Council announced today that it will focus on the critical need for access to an attorney when navigating the immigration system during its #GivingTuesday and year-end fundraising campaign starting November 27. Read More
New Government Study Attempts to Undermine Legal Orientation Program for Detained Immigrants
The Department of Justice (DOJ) released “Phase I” of its review of the federally-funded Legal Orientation Program (LOP) this week. The review came after Attorney General Jeff Sessions attempted to end the program in April but was forced to reverse that decision after receiving significant bipartisan pushback from Congress. Read More
Justice Department Will Not Halt Legal Orientation Program for Detained Immigrants, Reversing Course for Now
Just two weeks after the Department of Justice (DOJ) announced a suspension of the Legal Orientation Program (LOP), Attorney General Jeff Sessions testified today that DOJ will reverse course and continue the program—at least for now. The announcement was made while testifying before the Senate Appropriations… Read More
The Justice Department Is Halting Its Legal Advice Program for Detained Immigrants
In its latest attack on due process and access to counsel in the immigration court system, the Executive Office for Immigration Review (EOIR) has decided to suspend its Legal Orientation Program (LOP) despite its demonstrated ability to increase efficiencies in the nation’s horribly backlogged immigration courts. Read More
Supreme Court Finds No Right to a Bond Hearing Under Immigration Law
Indefinitely detained immigrants facing possible deportation lost ground in their fight for the right to a bond hearing following a Supreme Court decision on Tuesday. Their sole remaining weapon is the U.S. Constitution. The ruling by Justice Samuel Alito in Jennings v. Rodriguez reverses a decision that had required… Read More
Mexican Nationals and Detained Individuals Are Uniquely Disadvantaged in Immigration Court, Data Finds
Immigrants facing deportation fare far better if they have a competent attorney representing them. For example, studies show that for asylum seekers, representation generally doubles the likelihood of being granted asylum. For many, the ability to secure competent representation in immigration court is truly a matter of life… Read More
DOJ Threatens to Turn Immigration Judges Into ‘Assembly-Line Workers’
The Department of Justice (DOJ) is reportedly intending to implement numerical quotas on Immigration Judges as a way of evaluating their performance. This move would undermine judicial independence, threaten the integrity of the immigration court system, and cause massive due process violations. As it currently stands, Immigration Judges are… Read More
Attorney General Sessions Attacks Asylum Seekers and Calls for More Fast-Track Deportations
During a public appearance at the Department of Justice on Thursday, Attorney General Jeff Sessions called on Congress to curb due process for immigrants by making it more difficult for an individual to seek asylum and to increase fast-track deportations. In his speech, Sessions focused heavily on America’s long-standing… Read More
Supreme Court Likely to Decide Constitutionality of Immigration Detention Without Bond
When the Supreme Court hears arguments in Jennings v. Rodriguez, the Justices will tackle a question eight of them considered in 2016: whether the Constitution allows the government to detain noncitizens for more than six months without ever giving them an opportunity for a bond hearing. Although the case… Read More
Settlement Reached With Government Over Access to Mental Health Evaluations in Family Detention Centers
Nothing is a better predictor of an immigrant’s success in their immigration case, than whether or not they have access to competent legal assistance. However, the U.S. Government has at times made the hurdles to enlisting legal help insurmountable. One such example came in March 2017, when Immigration and… Read More
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No one should face the immigration system alone
