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.
Court Rules That Immigration Authorities May Not Deny Bond Hearings to Children
The Ninth Circuit Court of Appeals delivered a strong rebuke to the government’s years-long effort to strip detained immigrant children of the right to a bond hearing in immigration court. The 3-0 decision, authored by Judge Reinhardt on Wednesday, came in a case involving the 1997 Flores settlement… Read More
The Dire State of Immigration Detention in Georgia
Recent deaths at immigration detention centers in Georgia have made one fact disturbingly clear: detainees’ rights are being violated, with life and death consequences. These tragedies are not isolated incidents, but rather part of an ongoing trend in Georgia’s immigration system that consistently violates basic human rights, disregards detention… Read More
Immigration and Customs Enforcement Continues to Inhibit Asylum Seekers’ Legal Access and Invite Litigation
Since the reintroduction of family detention under the Obama administration, abuse of the mothers and children held in these facilities has run rampant. The family detention scheme has grown increasingly controversial not only because it has failed to provide safe and humane conditions for mothers and children, but also… Read More
Lawsuit Challenges Government’s Interference with Legal Representation of Mothers and Children Detained in Dilley, Texas
Access to legal counsel is a core American value and is the cornerstone of our justice system. Yet, Immigration and Customs Enforcement (ICE) has severely limited access to legal assistance for asylum-seeking women and children held in family detention facilities. Read More
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
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