Right to Counsel

All Right to Counsel Content

July 17, 2019
The Institutional Hearing Program permits immigration judges to conduct removal proceedings for noncitizens serving criminal sentences in certain correctional facilities.
May 15, 2013
Our legal system rests upon the principle that everyone is entitled to due process of law and a meaningful opportunity to be heard. But for far too long, immigration courts have failed to provide...
May 14, 2012
How Gaps in ICE's Prosecutorial Discretion Policy Affect Immigrants Without Legal Representation While the Obama administration’s has expanded use of prosecutorial discretion in immigration cases,...
May 1, 2012
The report describes restrictions on access to legal counsel before DHS, provides a legal landscape, and offers recommendations designed to combat DHS’s harmful practices. It also addresses changes...
December 1, 2003
Children who travel unaccompanied to the United States experience not only the trauma of family separation and the frequently predatory behavior of the traffickers who bring them, but also harsh...
January 29, 2015
The Council submitted comments in response to a request by DHS and the Department of State (DOS) for input on streamlining and improving the U.S. immigrant and nonimmigrant visa systems. In the comments, the Council recommended that DHS amend 8 C.F.R. § 292.5(b) to ensure that individuals in secondary inspection are provided with a regulatory right to counsel during their examinations, and that DOS promulgate regulations in 22 C.F.R. Part 40 to provide for meaningful access to counsel during interviews at consular posts.
October 1, 2014
The synopsis provides a summary of CBP policies related to access to counsel, based on documents obtained through the Council’s FOIA request and litigation. The summary addresses access to counsel in inspections and CBP detention, and policies on advisals of rights and the treatment of children.
This lawsuits seeks recognition of a right to appointed counsel for unrepresented children in immigration proceedings nationwide.
February 14, 2012
The Council and AILA submitted comments on the USCIS Interim Memo “The Role of Private Attorneys and Other Representatives; Revisions to Adjudicator’s Field Manual (AFM) Chapters 12 and 15; AFM Update AD11-42.” The comments recommended, among other things, that USCIS take additional steps to clarify the role of attorneys and the treatment of attorneys’ written submissions; to address continued limitations on attorney seating; to expand the requirements related to waivers of representation; and to improve the complaint process.

The American Immigration Council, with co-counsel Dorsey & Whitney LLP, filed a lawsuit against the Department of Homeland Security (DHS) and U.S. Customs and Border Protection (CBP) to compel the release of records relating to noncitizens’ access to counsel.

August 8, 2011
In this letter, the Council and AILA urged ICE to address reports of restrictions on access to counsel in a range of interview settings. These restrictions, documented in a nation-wide survey of immigration attorneys, included complete bars to attorney presence during ICE interviews and limits on participation when attorneys are permitted to be present. Attorneys also reported that ICE officers often were antagonistic toward attorneys.
June 14, 2011
The Council and AILA provided recommendations for changes to the USCIS Adjudicator's Field Manual (AFM) to better safeguard the attorney's role in USCIS interviews. These recommendations were in response to a request from USCIS to present specific recommendations for changes to USCIS guidance on access to counsel.
May 10, 2011
In this May 11, 2011 letter, the Council and AILA urged CBP to address restrictions on access to counsel. These restrictions - documented in a nation-wide survey of immigration attorneys - included limitations on attorneys’ access to their clients in secondary and deferred inspection. In instances where attorneys were able to accompany their clients, CBP officers limited the scope of representation. Attorneys also reported that CBP officers prevented attorneys from providing relevant documentation and sometimes adopted an adversarial approach.
The American Immigration Council, with co-counsel Dorsey & Whitney LLP, filed a lawsuit against the Department of Homeland Security and U.S. Citizenship and Immigration Services to compel the release of records relating to noncitizens’ access to counsel.
November 18, 2019

Nearly 60,000 people seeking asylum in the United States have been returned to Mexico to wait for their U.S. court hearings under the Migrant Protection Protocols (MPP), also known as the Remain...

October 11, 2019

People in immigration detention who are represented by an attorney are more likely to receive a positive outcome in immigration court than those that face judges alone. Unfortunately, people who...

August 6, 2019

The Trump administration recently announced it would start applying a fast-tracked deportation process known as “expedited removal” to hundreds of thousands more people than ever before. People...

January 7, 2019

As the Trump administration continues to strip away due process in immigration courts, the recent creation of two “Immigration Adjudication Centers” is cause for concern. The two new facilities...

December 10, 2018

On Monday, the Ninth Circuit Court of Appeals heard arguments in C.J.L.G. v. Whitaker, a case that addresses whether children facing deportation have the right to a court-appointed attorney....

September 7, 2018

The Department of Justice (DOJ) released “Phase I” of its review of the federally-funded Legal Orientation Program (LOP) this week. The review came after Attorney General Jeff Sessions attempted...

April 25, 2018

Just two weeks after the Department of Justice (DOJ) announced a suspension of the Legal Orientation Program (LOP), Attorney General Jeff Sessions testified today that DOJ will reverse course and...

April 11, 2018

In its latest attack on due process and access to counsel in the immigration court system, the Executive Office for Immigration Review (EOIR) has decided to suspend its Legal Orientation Program (...

February 28, 2018

Indefinitely detained immigrants facing possible deportation lost ground in their fight for the right to a bond hearing following a Supreme Court decision on Tuesday. Their sole remaining weapon...

October 20, 2017

Immigrants facing deportation fare far better if they have a competent attorney representing them. For example, studies show that for asylum seekers, representation generally doubles the...

August 16, 2017
The parties in Dilley Pro Bono Project v. ICE have reached a settlement that ensures access to mental health evaluations for certain detained mothers and children seeking asylum.
September 30, 2015

Today, Catholic Legal Immigration Network (CLINIC), the American Immigration Council, Refugee and Immigrant Center for Education and Legal Services (RAICES), and the American Immigration Lawyers As

July 9, 2014
The American Civil Liberties Union, American Immigration Council, Northwest Immigrant Rights Project, Public Counsel, and K&L Gates LLP today filed a nationwide class-action lawsuit on behalf of thousands of children who are challenging the federal government's failure to provide them with legal representation as it carries out deportation hearings against them.
April 12, 2013

Court Says ICE Failed to Satisfy FOIA Requirements in Council’s Suit to Compel
Disclosure of Records on Access to Counsel

November 29, 2012

This week, a federal district court issued an opinion highly critical

November 2, 2012

Challenging Matter of E-R-M-F- & A-S-M-:
Warrantless Arrests and the Timing of Right to Counsel Advisals

January 19, 2012

Washington D.C. – During its nine-year history, issues have arisen with respect to restrictions on counsel by the Department of Homeland Security’s immigration age

November 18, 2019

Nearly 60,000 people seeking asylum in the United States have been returned to Mexico to wait for their U.S. court hearings under the Migrant Protection Protocols (MPP), also known as the Remain...

October 11, 2019

People in immigration detention who are represented by an attorney are more likely to receive a positive outcome in immigration court than those that face judges alone. Unfortunately, people who...

August 6, 2019

The Trump administration recently announced it would start applying a fast-tracked deportation process known as “expedited removal” to hundreds of thousands more people than ever before. People...

July 17, 2019
The Institutional Hearing Program permits immigration judges to conduct removal proceedings for noncitizens serving criminal sentences in certain correctional facilities.
January 7, 2019

As the Trump administration continues to strip away due process in immigration courts, the recent creation of two “Immigration Adjudication Centers” is cause for concern. The two new facilities...

December 10, 2018

On Monday, the Ninth Circuit Court of Appeals heard arguments in C.J.L.G. v. Whitaker, a case that addresses whether children facing deportation have the right to a court-appointed attorney....

September 7, 2018

The Department of Justice (DOJ) released “Phase I” of its review of the federally-funded Legal Orientation Program (LOP) this week. The review came after Attorney General Jeff Sessions attempted...

April 25, 2018

Just two weeks after the Department of Justice (DOJ) announced a suspension of the Legal Orientation Program (LOP), Attorney General Jeff Sessions testified today that DOJ will reverse course and...

April 11, 2018

In its latest attack on due process and access to counsel in the immigration court system, the Executive Office for Immigration Review (EOIR) has decided to suspend its Legal Orientation Program (...

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