Access to Counsel

The Washington Post Exposes Sorry State of Immigration Courts

The Washington Post Exposes Sorry State of Immigration Courts

This week, the Washington Post ran a front page article drawing attention to the fact that our nation’s immigration courts are operating in crisis mode.  The immigration courts are so overcrowded that judges are forced to make split-second decisions regarding complex legal issues, calling into question whether the court system is fairly administering justice.  The [...]

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New York City Pilots Free Legal Representation in Immigration Court

Written by on November 13, 2013 in Access to Counsel, Courts, Immigration Law with 6 Comments
New York City Pilots Free Legal Representation in Immigration Court

In criminal courts throughout the United States, the government provides defendants who cannot afford an attorney with a free public defender. In immigration courts, which are not part of the criminal court system, immigrants who are unable to hire a private attorney and cannot find a free legal service provider are forced to face off [...]

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Hearing and Report Highlight Lack of Due Process in Immigration System

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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Shoddy Court Process Behind the Record Number of Deportations

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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Why Immigrants Should Have Access to Legal Counsel

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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Watchdog Report Offers Misdiagnosis of Immigration Court Backlog

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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How Overburdened Immigration Courts Can Be Improved

Written by on July 12, 2012 in Access to Counsel, Backlogs, Courts, Immigration Law with 0 Comments
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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It’s Time to Improve Noncitizens’ Access to Counsel

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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Another Study Highlights Need for Legal Representation in Immigration Court

Written by on May 12, 2011 in Access to Counsel, Courts, Deportation with 1 Comment
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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