Right to Counsel

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.

Statement for the House Judiciary Committee on

Statement for the House Judiciary Committee on “Courts in Crisis: The State of Judicial Independence and Due Process in U.S. Immigration Courts”

The American Immigration Council submitted a written statement to the House Judiciary Committee’s Subcommittee on Immigration and Citizenship for a January 29, 2020, hearing on “Courts in Crisis: The State of Judicial Independence and Due Process in U.S. Immigration Courts.” The statement shares our analysis and research regarding the systemic… Read More

Immigration Courts Further Limit Legal Help Available to People Facing Deportation

Immigration Courts Further Limit Legal Help Available to People Facing Deportation

Every year, thousands of people are forced to face the complex deportation system without an attorney representing them. Now, the immigration courts are seeking to limit the assistance that these individuals can receive from “friend of the court” attorneys. The Executive Office for Immigration Review (EOIR), the agency which includes… Read More

‘I Was Denied Access to the Tent Courts Where Asylum Seekers Are Rushed Through a Sham Process.’

‘I Was Denied Access to the Tent Courts Where Asylum Seekers Are Rushed Through a Sham Process.’

Nearly 60,000 people seeking asylum in the United States have been returned to Mexico to wait for their U.S. court hearings under the Migrant Protection Protocols (MPP), also known as the Remain in Mexico program. Last week, I traveled to South Texas to observe the effects of the Trump administration… Read More

New Pilot Program in El Paso Rushes Asylum Seekers Through A Deeply Flawed Process

New Pilot Program in El Paso Rushes Asylum Seekers Through A Deeply Flawed Process

Media reports today indicate that the government has initiated a new pilot program in El Paso, Texas to rush the review of sensitive asylum cases. The reported program, called “Prompt Asylum Case Review,” forces families to navigate the asylum process while detained in the custody of U.S. Customs and Border Protection. Read More

Pennsylvania Should Widen Access to Justice for People in Immigration Detention

Pennsylvania Should Widen Access to Justice for People in Immigration Detention

People in immigration detention who are represented by an attorney are more likely to receive a positive outcome in immigration court than those that face judges alone. Unfortunately, people who arrive in the U.S. from other countries are not guaranteed representation even though having one can be the difference between… Read More

Trump Administration’s Plan to Subject Hundreds of Thousands to Fast-Track Deportations Faces New Lawsuit

Trump Administration’s Plan to Subject Hundreds of Thousands to Fast-Track Deportations Faces New Lawsuit

The Trump administration recently announced it would start applying a fast-tracked deportation process known as “expedited removal” to hundreds of thousands more people than ever before. People across the United States could be deported within hours of being picked up by immigration officers, with no opportunity to see a judge… Read More

Groups Sue Trump Administration Over Fast-Track Deportations

Groups Sue Trump Administration Over Fast-Track Deportations

The American Immigration Council, American Civil Liberties Union, and Simpson Thacher & Bartlett LLP filed a federal lawsuit today challenging the Trump administration’s new rule that massively expands fast-track deportations without a fair legal process such as a court hearing or access to an attorney. Read More

Expansion of Fast-Track Deportations Jeopardizes Countless Vulnerable Individuals and Fair Day in Court

Expansion of Fast-Track Deportations Jeopardizes Countless Vulnerable Individuals and Fair Day in Court

Expanding expedited removal in this manner will create a 'show me your papers' regime of immigration enforcement where individuals—including any U.S. citizens they encounter—will be forced to prove they should not be deported. The American Immigration Council will not stand by idly as the Trump administration continues its unlawful attacks on our communities. We will see the Trump administration in court Read More

Lawsuit Seeks Clarity on How Immigrants Serving Time Are Deported From The United States

Lawsuit Seeks Clarity on How Immigrants Serving Time Are Deported From The United States

The American Immigration Council, American Immigration Lawyers Association, and Immigrant Defense Project filed a lawsuit Wednesday in federal court to compel the government to release records and data about the Department of Justice’s Institutional Hearing Program, an obscure program that expedites the deportation of immigrants who are serving time for criminal offenses. The lawsuit seeks to understand how the IHP operates, where it operates, and who it targets. Read More

The Institutional Hearing Program: An Overview

The Institutional Hearing Program: An Overview

The Institutional Hearing Program permits immigration judges to conduct removal proceedings for noncitizens serving criminal sentences in certain correctional facilities. Read More

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