On March 22, the Trump administration issued a memo, directing the Attorney General and the Secretary of the Department of Homeland Security to take disciplinary and punitive action against attorneys practicing in our national courts. While the memo is broad, it takes particular aim at immigration lawyers, pro bono attorneys representing asylum seekers in immigration court, and organizations (such as the American Immigration Council) that challenge the federal government’s immigration policies in court.
The memo accuses attorneys of intentionally coaching our clients to lie in court in order “circumvent” our laws. It goes so far as to lay the tragic deaths of individuals like Laken Riley at the feet of immigration attorneys, suggesting we are diverting resources from law enforcement that would have otherwise protected her. Besides being objectively absurd, these attacks have only made immigration attorneys more committed to our clients and ensuring they get their day in court.
As the basis for the attack on attorneys, the memo cites to general rules of professional responsibility and rules of procedure that attorneys already must follow. Lawyers are prohibited from knowingly filing false or frivolous claims in both immigration courts and federal courts. There are already rules in place that allow a judge or other entity to sanction the attorney, like taking away an attorney’s license or not allowing them to continue representing clients in the immigration courts. Though the memo does not create any new rules, it does direct parts of the federal government to investigate attorneys and lays the foundation for what is likely to be an intimidation campaign aimed at professionals who are representing some of the most vulnerable clients in our legal system.
The March 22 memo comes amidst several others targeting law firms that have challenged the current or prior Trump administration in a variety of ways. In an unprecedented use of executive power, the White House stripped security clearances, restricted government contracts, and otherwise interfered with several law firms. Of particular interest seem to be any law firms that were involved in one of the many investigations into Trump’s purported malfeasance. This includes a firm involved in the Mueller investigation, and Perkins Coie who represented Hilary Clinton and other Democratic Party entities. arty entities.
This is not the first time a Trump administration has taken aim at immigration attorneys. In 2017, then Attorney General Jeff Sessions, the Department of Justice official in charge of the immigration courts and the disciplinary procedures against immigration attorneys, made similar statements, declaring us “dirty immigration lawyers” who were gaming the system. In 2019, a leaked document from the federal government listed 59 people, including several immigration lawyers, as people whose passports should be flagged for investigation if they attempt to cross the southern border. Multiple immigration attorneys were detained and questioned. During that time, volunteer attorneys with our Immigration Justice Campaign exploded to a pool of nearly 8,000.
Attorneys representing asylum seekers in immigration court and challenging the government’s illegal practices are critical to maintaining a modicum of due process and fairness in our immigration system. And as we did during the first Trump administration, the American Immigration Council will continue the critical work of its litigation team and the Immigration Justice Campaign. As lawyers love to say: we’ll see you in court.
If you’re committed to our mission of providing pro bono representation for immigrants who would otherwise go unrepresented, we need you in the Immigration Justice Campaign. Learn how to volunteer as an attorney, interpreter, or translator.
FILED UNDER: Trump administration
