Right to Counsel

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January 29, 2015
The Council submitted comments in response to a request by DHS and the Department of State (DOS) for input on streamlining and improving the U.S. immigrant and nonimmigrant visa systems. In the comments, the Council recommended that DHS amend 8 C.F.R. § 292.5(b) to ensure that individuals in secondary inspection are provided with a regulatory right to counsel during their examinations, and that DOS promulgate regulations in 22 C.F.R. Part 40 to provide for meaningful access to counsel during interviews at consular posts.
October 1, 2014
The synopsis provides a summary of CBP policies related to access to counsel, based on documents obtained through the Council’s FOIA request and litigation. The summary addresses access to counsel in inspections and CBP detention, and policies on advisals of rights and the treatment of children.
This lawsuits seeks recognition of a right to appointed counsel for unrepresented children in immigration proceedings nationwide.
July 9, 2014
The American Civil Liberties Union, American Immigration Council, Northwest Immigrant Rights Project, Public Counsel, and K&L Gates LLP today filed a nationwide class-action lawsuit on behalf of thousands of children who are challenging the federal government's failure to provide them with legal representation as it carries out deportation hearings against them.
May 15, 2013
Our legal system rests upon the principle that everyone is entitled to due process of law and a meaningful opportunity to be heard. But for far too long, immigration courts have failed to provide...
April 12, 2013

Court Says ICE Failed to Satisfy FOIA Requirements in Council’s Suit to Compel
Disclosure of Records on Access to Counsel

November 29, 2012

This week, a federal district court issued an opinion highly critical

November 2, 2012

Challenging Matter of E-R-M-F- & A-S-M-:
Warrantless Arrests and the Timing of Right to Counsel Advisals

May 14, 2012
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,...
May 1, 2012
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...

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