Right to Counsel

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 […]

Continue Reading

Watchdog Report Offers Misdiagnosis of Immigration Court Backlog

Written by on November 14, 2012 in Enforcement, Immigration Courts, Reform, Right to Counsel with 1 Comment
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 […]

Continue Reading

How Overburdened Immigration Courts Can Be Improved

Written by on July 12, 2012 in Immigration Courts, Right to Counsel 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 […]

Continue Reading

It’s Time to Improve Noncitizens’ Access to Counsel

Written by on January 23, 2012 in Enforcement, Immigration Courts, Right to Counsel with 0 Comments
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 […]

Continue Reading

Another Study Highlights Need for Legal Representation in Immigration Court

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 […]

Continue Reading

Top