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.
Challenging ICE Interference with Legal Representation at Dilley
This case stems from Immigration and Customs Enforcement's (ICE) decision to bar Caroline Perris, a full-time legal assistant with the Dilley Pro Bono Project (DPBP), from entering the South Texas Family Residential Center in Dilley, Texas. Read More
Government Regularly Denies Access to Counsel, Groups Seek New Rules
When the White House issued its first Muslim travel ban, reports of noncitizens and citizens being held in airports’ secondary detention swirled. Individuals were being held for hours at a time without access to attorneys, even though scores of lawyers were attempting to reach them. Denial of access… Read More
Immigrants’ Access to Counsel Topic of New Rulemaking Petition
AILA and the Council have petitioned the Department of Homeland Security and the Department of State to issue new regulations that will ensure all immigrants have access to legal counsel in secondary and deferred inspection, as well as overseas consular interviews. Read More
Petition for Rulemaking Requests New Regulations Governing Access to Counsel
This petition, jointly filed by the Council and the American Immigration Lawyers Association, seeks to provide access to legal counsel for the following individuals. Read More
Access to Counsel Before USCIS FOIA
The Council filed a lawsuit against the Department of Homeland Security (DHS) to compel the release of records relating to noncitizens’ access to counsel before United States Citizenship and Immigration Services (USCIS). In response to the suit against USCIS, the agency determined that it had over 2000 pages of responsive… Read More
Access to Counsel Before ICE FOIA
The Council filed a lawsuit against the Department of Homeland Security (DHS) to compel the release of records relating to noncitizens’ access to counsel before Immigration and Customs Enforement (ICE). The Council initially pursued disclosure of these records through FOIA requests filed in March 2011. Subsequently, ICE produced several thousand… Read More
Ninth Circuit Finds Court Has No Authority to Hear Lawsuit Seeking Access to Counsel for Children
In 2014, a legal challenge was mounted against the federal government for its failure to provide legal representation to indigent children in deportation proceedings. The case, F.L.B.. v. Lynch was brought by the American Immigration Council, American Civil Liberties Union, the Northwest Immigrant Rights Project, Public Counsel, and K&L… Read More
Immigrants’ Access to Legal Representation Is Unequal and the Consequences Are Serious
Nationally, only 37 percent of all immigrants had legal representation, and only 14 percent of immigrants in detention had a lawyer. In a paper issued today, Access to Counsel in Immigration Court, Ingrid Eagly and Steven Shafer analyzed 1.2 million individual removal cases in immigration court between fiscal years… Read More
Access to Counsel in Immigration Court
Immigrants in immigration court do not have a right to government-appointed counsel. The lack of legal representation has a profound impact on immigrants’ outcomes in removal proceedings. Read More
Behind Closed Doors: An Overview of DHS Restrictions on Access to Counsel
The report describes restrictions on access to legal counsel before DHS, provides a legal landscape, and offers recommendations designed to combat DHS’s harmful practices. It also addresses changes to USCIS guidance made in 2012, intended to expand access to legal representation. Read More
Make a contribution
Make a direct impact on the lives of immigrants.
