Right to Counsel

The U.S. immigration system is complex and can be difficult to understand. These resources provide key data points, historical information, and background on hot topics in immigration. Learn the basics about immigration.

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August 21, 2017

Nothing is a better predictor of an immigrant’s success in their immigration case, than whether or not they have access to competent legal assistance. However, the U.S. Government has at times...

August 10, 2017

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...

July 27, 2017

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...

July 7, 2017

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...

June 6, 2017

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...

June 2, 2017

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...

May 25, 2017

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...

September 29, 2016

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...

September 28, 2016

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...

June 28, 2016

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...

July 17, 2019
The Institutional Hearing Program permits immigration judges to conduct removal proceedings for noncitizens serving criminal sentences in certain correctional facilities.
This FOIA lawsuit sought information from the EOIR on the Institutional Hearing Program (IHP), which it runs jointly with ICE and the Bureau of Prisons (BOP).
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...

October 13, 2017

The Department of Justice (DOJ) is reportedly intending to implement numerical quotas on Immigration Judges as a way of evaluating their performance. This move would undermine judicial...

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