Category Archive: Access to Counsel

Mar 22

Hearing and Report Highlight Lack of Due Process in Immigration System

This week, Senator Christopher Coons of Delaware presided over a public hearing to discuss what so many of us know:  the immigration courts are failing to provide a fair, efficient, and effective system of justice.  Many of the concerns raised by Senator Coons, as well as some of the witnesses, during Wednesday’s Senate Judiciary Committee …

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Permanent link to this article: http://immigrationimpact.com/2013/03/22/hearing-and-report-highlight-lack-of-due-process-in-immigration-system/

Feb 15

Shoddy Court Process Behind the Record Number of Deportations

The Obama Administration is on record for pursuing the toughest immigration enforcement policies in U.S. history, mostly evidenced by its record numbers of deportations.  These numbers speak volumes:  last year, nearly 400,000 people were deported from the United States.  While these numbers are shockingly high and there has been much discussion about how these actions …

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Permanent link to this article: http://immigrationimpact.com/2013/02/15/shoddy-court-process-behind-the-record-number-of-deportations/

Jan 22

Why Immigrants Should Have Access to Legal Counsel

U. S. immigration laws are incredibly complex, yet they provide only minimal due process protections for even the most vulnerable noncitizens. In criminal courts, defendants who cannot afford an attorney are provided one for free, but in immigration court, noncitizens do not receive the same protections. As a result, many immigrants facing deportation are forced …

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Permanent link to this article: http://immigrationimpact.com/2013/01/22/why-immigrants-should-have-access-to-legal-counsel/

Nov 14

Watchdog Report Offers Misdiagnosis of Immigration Court Backlog

With more than 325,000 cases pending at the start of October, our nation’s immigration courts are indisputably operating under a crushing backlog. The only question is whether and how it can be resolved. In a little-noticed report issued in early November, the Inspector General of the Justice Department levied a number of criticisms regarding the …

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Permanent link to this article: http://immigrationimpact.com/2012/11/14/watchdog-report-offers-misdiagnosis-of-immigration-court-backlog/

Jul 12

How Overburdened Immigration Courts Can Be Improved

By Naike Savain Immigration courts are notorious for significant backlogs and lacking sufficient resources to timely and justly adjudicate the hundreds of thousands of removal cases pending before them. And, despite recent announcements that the Department of Homeland Security (DHS) is exercising prosecutorial discretion in some removal cases, immigration courts throughout the country struggle to …

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Permanent link to this article: http://immigrationimpact.com/2012/07/12/how-overburdened-immigration-courts-can-be-improved/

Jan 23

It’s Time to Improve Noncitizens’ Access to Counsel

In the United States, most immigration decisions impacting noncitizens are made by immigration officials in informal proceedings far from a courtroom. While the right to an attorney (at the noncitizens’ own expense) in immigration court proceedings is widely recognized, the right to counsel in administrative settings outside of a courtroom is often overlooked or explicitly …

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Permanent link to this article: http://immigrationimpact.com/2012/01/23/its-time-to-improve-noncitizens-access-to-counsel/

May 12

Another Study Highlights Need for Legal Representation in Immigration Court

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 obtaining a favorable result in immigration court. The findings—which are based on a study of individuals apprehended in New York from October 2005 through December 2010—show …

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Permanent link to this article: http://immigrationimpact.com/2011/05/12/another-study-highlights-need-for-legal-representation-in-immigration-court/