Right to Counsel

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, the immigration system has failed to provide noncitizens with a system of justice that lives up to this standard. Learn about ways in which the immigration system could ensure that all noncitizens have a fair day in court.  

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All Right to Counsel Content

May 12, 2011

Findings released last week by the New York Immigration Representation Study reveal what immigration advocates long have said: whether a person has legal representation is a critical factor in...

May 10, 2011
In this May 11, 2011 letter, the Council and AILA urged CBP to address restrictions on access to counsel. These restrictions - documented in a nation-wide survey of immigration attorneys - included limitations on attorneys’ access to their clients in secondary and deferred inspection. In instances where attorneys were able to accompany their clients, CBP officers limited the scope of representation. Attorneys also reported that CBP officers prevented attorneys from providing relevant documentation and sometimes adopted an adversarial approach.
The American Immigration Council, with co-counsel Dorsey & Whitney LLP, filed a lawsuit against the Department of Homeland Security (DHS) and U.S. Immigration and Customs Enforcement (ICE) to compel the release of records relating to noncitizens’ access to counsel.
The American Immigration Council, with co-counsel Dorsey & Whitney LLP, filed a lawsuit against the Department of Homeland Security and U.S. Citizenship and Immigration Services to compel the release of records relating to noncitizens’ access to counsel.
Publication Date: 
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...

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...

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...

In this March 24, 2011 letter, the Council and AILA urged USCIS to address reports of widespread and recurrent restrictions on access to counsel. These restrictions, documented in a nation-wide survey (http://www.aila.org/infonet/final-results-attorney-representation-before-dhs) of immigration attorneys, included limitations on attorneys’ ability to communicate with their clients, restrictions on attorney seating during USCIS interviews, and limitations on attorneys’ ability to submit documents to the interviewing officer.

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