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.

Recent Features

  • Litigation

Stopping Policies Endangering Immigration Attorneys, Clients, and the Public During the COVID-19 Pandemic

The Council filed a lawsuit to close the immigration courts and ensure due process.

  • 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

  • Research and Analysis

Coalition Letter Expresses Concerns About Proposed Expedited Asylum Process

June 8, 2021
The Council expressed concerns about the Biden administration's plans for a new type of expedited asylum proceedings.
  • Fact Sheet

Community Support for Migrants Navigating the U.S. Immigration System

February 26, 2021
This fact sheet draws from original data gathered from hundreds of community-organizations around the country and provides a snapshot of the extent of available services that help migrants navigate...
  • Fact Sheet

The Institutional Hearing Program: An Overview

July 17, 2019
The Institutional Hearing Program permits immigration judges to conduct removal proceedings for noncitizens serving criminal sentences in certain correctional facilities.
  • Fact Sheet

Legal Orientation Program Overview

September 6, 2018
The Legal Orientation Program (LOP) offers legal education, as well as referrals for free and low-cost legal counsel, to noncitizens in immigration detention.
  • Special Report

Access to Counsel in Immigration Court

September 28, 2016
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.
  • Special Report

A Guide to Children Arriving at the Border: Laws, Policies and Responses

June 26, 2015
This Guide provides information about the tens of thousands of children—some travelling with their parents and others alone—who have fled their homes in Central America and arrived at our southern...
  • Fact Sheet

Providing Noncitizens With Their Day in Court

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...
  • Special Report

Falling through the Cracks

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,...
  • Special Report

Behind Closed Doors: An Overview of DHS Restrictions on Access to Counsel

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...
  • Fact Sheet

Crossing Borders Alone: The Treatment of Unaccompanied Children in the United States

December 1, 2003
Children who travel unaccompanied to the United States experience not only the trauma of family separation and the frequently predatory behavior of the traffickers who bring them, but also harsh...
  • FOIA Litigation

Council Files FOIA Lawsuit to Expose Immigration Enforcement in Federal Prisons

The American

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  • Advocacy

Comment on Executive Office for Immigration Review Proposed Rule Regarding Appeal Procedures and Administrative Closure

September 25, 2020

The American Immigration Council and the American Immigration Lawyers Association, through their joint initiative, the Immigration Justice Campaign, submitted this comment in opposition to...

  • Litigation

Stopping Government Interference to Attorney Phone Access in Immigration Detention Centers

This lawsuit was filed to stop Immigration and Customs Enforcement from denying detainees the ability to contact their lawyers and the outside world by phone.
  • Litigation

Stopping Policies Endangering Immigration Attorneys, Clients, and the Public During the COVID-19 Pandemic

The Council filed a lawsuit to close the immigration courts and ensure due process.
  • Amicus Briefs

Las Americas Immigrant Advocacy Center v. Wolf

January 31, 2020

The American Immigration Council and the American Immigration Lawyers Association submitted an amicus brief in Las Americas Immigrant Advocacy Center v. Wolf, a case filed by the American...

  • Advocacy

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

January 29, 2020

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:...

  • FOIA Litigation

FOIA Lawsuit Demands Release of Information on the Institutional Hearing Program

This FOIA lawsuit sought information from the EOIR on the Institutional Hearing Program (IHP), which it runs jointly with ICE and the Bureau of Prisons (BOP).
  • 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.
  • 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.
  • Advocacy

Comments on Streamlining and Improving the U.S. Immigrant and Nonimmigrant Visa Systems

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.
  • Blog

New Illinois Law Allows Public Defenders to Represent Immigrants Facing Deportation

September 2, 2021

Illinois Governor J.B. Pritzker signed a law in August that would allow the Cook County Public Defender to represent immigrants in the Chicago immigration court. The law is part of a movement to...

  • Blog

A Federal Defender System for Immigrants Is Long Overdue

February 26, 2021

The stakes in immigration court could not be higher—many people face the possibility of being permanently torn away from their families and communities in the United States. Others seeking...

  • Blog

The Value of Pro Bono Legal Services in Immigration Detention

October 28, 2020

Once a year, National Pro Bono Week celebrates the pro bono work of lawyers, paralegals, and law students. Pro bono legal services—which come at no cost—are integral for many people otherwise left...

  • Blog

ICE Makes It Almost Impossible for People to Make Phone Calls from Detention Centers, Even in a Pandemic

August 27, 2020

Communication with the outside world is crucial for people in jail. This includes individuals facing deportation while detained in immigration detention centers, who do not have the right to court...

  • Blog

ICE Faces Lawsuit Over Blocking Phone Access to Detainees

May 4, 2020

A free phone call can mean the difference between a fair day in court and being deported to harm—or worse—for individuals held in immigration detention centers. Immigrants may not be able to meet...

  • Blog

Conditions in Border Facilities Deny Asylum Seekers Meaningful Screening Interviews

February 4, 2020

In U.S. Customs and Border Protection (CBP) custody, asylum seekers are detained in horribly cold and overcrowded facilities, unable to sleep, without access to food, water, or adequate medical...

  • Blog

Immigration Courts Further Limit Legal Help Available to People Facing Deportation

December 3, 2019

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...

  • Blog

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

November 18, 2019

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...

  • Blog

Pennsylvania Should Widen Access to Justice for People in Immigration Detention

October 11, 2019

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...

  • Blog

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

August 6, 2019

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...

  • Press Release

130+ Groups Release Top Five Immigration Priorities for Biden Administration’s Next Budget

August 17, 2021
As the Biden administration begins crafting next year's budget, 131 organizations published a statement for the Biden administration outlining the top immigration priorities that must be included in the country’s budget for Fiscal Year 2023.
  • Press Release

Survey of Hundreds of Organizations Shows Extent of Community-Based Support for People Navigating the U.S. Immigration System

March 1, 2021
A new publication provides a snapshot of the extent of available services that help migrants navigate the complexities of the U.S. immigration system.
  • Press Release

Time for Us All to Stand Up for Our Democracy

September 11, 2020
It is not news that our nation is in an unprecedented moment where many of our democratic traditions and norms are being challenged. We have grown deeply concerned by the ongoing attacks on democracy that are unfolding before us.
  • Press Release

Detained Immigrants Ask Court to Stop ICE Interference to Phone Access in Immigration Detention Centers

August 26, 2020
Individuals in U.S. Immigration and Customs Enforcement custody at the Otero County Processing Center filed a motion for preliminary injunction to stop ICE from denying detained individuals the ability to contact their lawyers and the outside world by phone.
  • Press Release

The American Immigration Council Announces Kate Melloy Goettel As Legal Director of Litigation

June 5, 2020
The American Immigration Council has named experienced attorney and litigator Kate Melloy Goettel to be its legal director of litigation.
  • Press Release

Plaintiffs Will Continue Fight to Halt Dangerous and Unconstitutional Practices by EOIR and ICE

April 28, 2020
Today’s Court decision denying the emergency temporary restraining order in NIPNLG, et al., v. EOIR, et al., is deeply disappointing. This lawsuit was brought against the Executive Office for Immigration Review and U.S. Immigration and Customs Enforcement to protect the health of immigration attorneys, immigrants, and the public from the impact of dangerous and unconstitutional policies during the COVID-19 pandemic.
  • Press Release

Temporary Restraining Order Requested to Stop Dangerous EOIR and ICE Policies During the COVID-19 Pandemic

April 8, 2020
Immigration groups moved for an emergency temporary restraining order against the Executive Office for Immigration Review and U.S. Immigration and Customs Enforcement in order to protect the health of immigration attorneys, immigrants, and the public from the impact of dangerous and unconstitutional policies during the COVID-19 pandemic.
  • Press Release

Lawsuit Seeks Halt to Dangerous and Unconstitutional Policies Endangering Immigration Attorneys, Clients, and the Public During the COVID-19 Pandemic

March 30, 2020
This lawsuit demands the government take immediate actions to prioritize the health and safety of attorneys and clients at risk in response to the COVID-19 pandemic.
  • Press Release

Citing Coronavirus Risks and a New Irresponsible Policy for the Immigration Courts, Groups Urge Protecting the Health and Safety of Government Employees, Lawyers, and Immigrants

March 23, 2020
In a letter calling for prioritizing the health and safety of government employees, detained individuals, and their legal representatives amid the COVID-19 outbreak, the American Immigration Council and the American Immigration Lawyers Association, together with the National Immigrant Justice Center, the Southern Poverty Law Center, and more than 100 other organizations, urged the U.S. Department of Justice Executive Office for Immigration Review and U.S. Immigration and Customs Enforcement to immediately authorize the robust and automatic use of remote options for immigration court appearances and attorney-client meetings.
  • Press Release

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

October 24, 2019
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.
  • Blog

New Illinois Law Allows Public Defenders to Represent Immigrants Facing Deportation

September 2, 2021

Illinois Governor J.B. Pritzker signed a law in August that would allow the Cook County Public Defender to represent immigrants in the Chicago immigration court. The law is part of a movement to...

  • Press Release

130+ Groups Release Top Five Immigration Priorities for Biden Administration’s Next Budget

August 17, 2021
As the Biden administration begins crafting next year's budget, 131 organizations published a statement for the Biden administration outlining the top immigration priorities that must be included in the country’s budget for Fiscal Year 2023.
  • Advocacy

Coalition Outlines Immigration Priorities for a Just Budget in Fiscal Year 2023

August 17, 2021
The Council and more than 130 organizations urged the Biden administration to redirect government funding for fiscal year 2023 away from draconian enforcement measures and invest in legal services...
  • Letters

Coalition Letter Expresses Concerns About the Housing of Support Services Within ICE

July 16, 2021
The Council responded to ICE's Request for Information for a National Case Management Program, expressing concern that ICE's management of the program would be a conflict of interest.
  • Research and Analysis

Coalition Letter Expresses Concerns About Proposed Expedited Asylum Process

June 8, 2021
The Council expressed concerns about the Biden administration's plans for a new type of expedited asylum proceedings.
  • Letters

Coalition Letter Urges Biden Administration to End Migrant Protection Protocols

May 18, 2021
The Council urged the Biden administration to improve MPP wind down processing and toy move ahead with a second phase to include all individuals subjected to MPP.
  • Press Release

Survey of Hundreds of Organizations Shows Extent of Community-Based Support for People Navigating the U.S. Immigration System

March 1, 2021
A new publication provides a snapshot of the extent of available services that help migrants navigate the complexities of the U.S. immigration system.
  • Blog

A Federal Defender System for Immigrants Is Long Overdue

February 26, 2021

The stakes in immigration court could not be higher—many people face the possibility of being permanently torn away from their families and communities in the United States. Others seeking...

  • Fact Sheet

Community Support for Migrants Navigating the U.S. Immigration System

February 26, 2021
This fact sheet draws from original data gathered from hundreds of community-organizations around the country and provides a snapshot of the extent of available services that help migrants navigate...
  • Letters

Coalition Letter to President Biden on Justice Department Reform of Immigration Courts and Enforcement Priorities

February 1, 2021
The American Immigration Council joined AILA and other organizations in calling for vital reforms to ensure fairness and integrity in the immigration courts and the enforcement system.

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