Right to Counsel

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

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

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 was brought by the American Immigration Council, American Civil Liberties Union, the Northwest Immigrant Rights Project, Public Counsel, and K&L Gates LLP. Despite some victories over […]

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

Written by on September 28, 2016 in Immigration Courts, Right to Counsel with 0 Comments
Immigrants’ Access to Legal Representation Is Unequal and the Consequences Are Serious

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, Ingrid Eagly and Steven Shafer analyzed 1.2 million individual removal cases in immigration court between fiscal years 2007 and 2012. The report finds that […]

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Thousands of Children Now Covered in Access to Counsel Lawsuit

Written by on June 28, 2016 in Immigration Courts, Right to Counsel with 0 Comments
Thousands of Children Now Covered in Access to Counsel Lawsuit

Last week, a federal court certified a class in a lawsuit challenging the federal government’s failure to provide legal representation to children in deportation proceedings. Several thousand children are estimated to be members of the class. This lawsuit, F.L.B. v. Lynch, was filed in U.S. District Court in Seattle. It charges the Departments of Justice, Homeland […]

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District Court Holds Hearing in Case About Kids’ Right to Attorneys in Immigration Court

District Court Holds Hearing in Case About Kids’ Right to Attorneys in Immigration Court

A federal district court in Seattle heard arguments in a lawsuit on Thursday seeking to ensure that all children in immigration court have legal representation. The case received a flurry of attention when press reports revealed that an immigration judge deposed in the case said he had successfully taught three-year-olds immigration law. The focus of […]

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Story of Unaccompanied Child Underscores Importance of Legal Representation Needed for All Refugee Children

Story of Unaccompanied Child Underscores Importance of Legal Representation Needed for All Refugee Children

Elvis Garcia is a migration counselor at the Catholic Charities Community Services of New York. He is also a former unaccompanied child who fled from his native Honduras in 2005 when he was 15 years old. Last week, Garcia and several others participated in a roundtable discussion sponsored by Lutheran Immigrant and Refugee Services to […]

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The Washington Post Exposes Sorry State of Immigration Courts

Written by on February 6, 2014 in Enforcement, Immigration Courts, Right to Counsel with 1 Comment
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 Immigration Courts, Right to Counsel 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

Written by on February 15, 2013 in Enforcement, Immigration Courts, Right to Counsel with 3 Comments
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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