Right to Counsel

The Fight for Appointed Counsel for Immigrant Children Continues

Written by on August 10, 2017 in Due Process & the Courts, Right to Counsel with 0 Comments
The Fight for Appointed Counsel for Immigrant Children Continues

The Ninth Circuit Court of Appeals heard oral argument on Tuesday in C.J.L.G. v. Sessions – a case that raises grave due process concerns for indigent immigrant children. At issue is whether an immigrant child in deportation proceedings has a right to an appointed attorney when he cannot afford to hire one himself. For years, […]

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Trump Administration Targeting Immigrant Children Is a New Low

Trump Administration Targeting Immigrant Children Is a New Low

The recent trend of broadly labeling unaccompanied immigrant children as criminals and gang members is just the latest in a series of attacks on some of the most vulnerable individuals in the U.S. immigration system. In reality, most immigrant children from Honduras, El Salvador, and Guatemala are fleeing the very gangs they are purportedly members […]

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Court Rules That Immigration Authorities May Not Deny Bond Hearings to Children

Court Rules That Immigration Authorities May Not Deny Bond Hearings to Children

The Ninth Circuit Court of Appeals delivered a strong rebuke to the government’s years-long effort to strip detained immigrant children of the right to a bond hearing in immigration court. The 3-0 decision, authored by Judge Reinhardt on Wednesday, came in a case involving the 1997 Flores settlement which requires the government to comply with […]

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The Dire State of Immigration Detention in Georgia

The Dire State of Immigration Detention in Georgia

Recent deaths at immigration detention centers in Georgia have made one fact disturbingly clear: detainees’ rights are being violated, with life and death consequences. These tragedies are not isolated incidents, but rather part of an ongoing trend in Georgia’s immigration system that consistently violates basic human rights, disregards detention standards, and leaves detained immigrants with […]

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Immigration and Customs Enforcement Continues to Inhibit Asylum Seekers’ Legal Access and Invite Litigation

Immigration and Customs Enforcement Continues to Inhibit Asylum Seekers’ Legal Access and Invite Litigation

Since the reintroduction of family detention under the Obama administration, abuse of the mothers and children held in these facilities has run rampant. The family detention scheme has grown increasingly controversial not only because it has failed to provide safe and humane conditions for mothers and children, but also because the government has created arbitrary […]

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Government Regularly Denies Access to Counsel, Groups Seek New Rules

Government Regularly Denies Access to Counsel, Groups Seek New Rules

When the White House issued its first Muslim travel ban, reports of noncitizens and citizens being held in airports’ secondary detention swirled. Individuals were being held for hours at a time without access to attorneys, even though scores of lawyers were attempting to reach them. Denial of access to counsel in secondary detention is not […]

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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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