Right to Counsel

The enforcement of immigration laws is a complex and hotly-debated topic. Learn more about the costs of immigration enforcement and the ways in which the U.S. can enforce our immigration laws humanely and in a manner that ensures due process.

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  • Special Report

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.

All Right to Counsel Content

  • Blog

Court Rules That Immigration Authorities May Not Deny Bond Hearings to Children

July 7, 2017

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...

  • Blog

The Dire State of Immigration Detention in Georgia

June 6, 2017

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...

  • Blog

Immigration and Customs Enforcement Continues to Inhibit Asylum Seekers’ Legal Access and Invite Litigation

June 2, 2017

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...

  • Press Release

Lawsuit Challenges Government’s Interference with Legal Representation of Mothers and Children Detained in Dilley, Texas

June 2, 2017
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.
  • Litigation

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.
  • Blog

Government Regularly Denies Access to Counsel, Groups Seek New Rules

May 25, 2017

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...

  • Press Release

Immigrants’ Access to Counsel Topic of New Rulemaking Petition

May 25, 2017
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.
  • Advocacy

Petition for Rulemaking Requests New Regulations Governing Access to Counsel

May 25, 2017
This petition, jointly filed by the Council and the American Immigration Lawyers Association, seeks to provide access to legal counsel for the following individuals.
  • Blog

Ninth Circuit Finds Court Has No Authority to Hear Lawsuit Seeking Access to Counsel for Children

September 29, 2016

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...

  • Blog

Immigrants’ Access to Legal Representation Is Unequal and the Consequences Are Serious

September 28, 2016

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...

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