Right to Counsel

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, the immigration system has failed to provide noncitizens with a system of justice that lives up to this standard. Learn about ways in which the immigration system could ensure that all noncitizens have a fair day in court.  

All Right to Counsel Content

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...

March 25, 2016

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...

January 19, 2016
This Practice Advisory discusses how individuals can seek a remedy for ineffective assistance of counsel in immigration court proceedings by filing a motion to reopen and provides an overview of the...

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