3 Cases That Could Boost Immigrants’ Access To Counsel

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Publish Date:
February 10, 2019
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Law360
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Summary

Immigrants facing deportation are much more likely to succeed in their cases with access to counsel, but there remains a profound crisis of representation in the nation’s immigration courts, attorneys said.

According to data from Second Circuit Chief Judge Robert Katzmann’s Study Group on Immigrant Representation, 63 percent of immigrants do not have counsel in immigration court proceedings. Only 13 percent of asylum-seeking immigrants prevail in their cases without a lawyer, while 74 percent of those with a lawyer see success.

As the SPLC’s suit moved forward, a different case brought by the Immigrants’ Rights Clinic at Stanford Law School and other organizations is also challenging barriers to communicating with counsel but focuses specifically on insufficient telephone access at facilities in southern California, including the Adelanto ICE Processing Center in Adelanto, California, and two Orange County, California, jails.

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