Civil rights groups are calling for funding for representation in immigration court

A coalition of more than a hundred civil and immigrant rights groups is calling on Congress to fund legal representation for aliens in immigrant detention.

In a letter to key appropriators in the House and Senate on Monday – Sens. Patty Murray (D-Wash.) and Susan Collins (R-Maine) and Reps. Kay Granger (R-Texas) and Rosa DeLauro (DN.Y .) – the organizations said Congress should allocate $400 million for immigrant representation.

Immigrants detained and placed in deportation proceedings currently have few due process rights and no right to a government-appointed attorney.

“Research has shown that immigrants represented by legal counsel are five times more likely to receive legal assistance, while incarcerated individuals are up to 10.5 times more likely to have a favorable outcome with legal representation,” wrote the groups, led by Fairness to Freedom. the National Partnership for New Americans (NPNA) and the Vera Institute of Justice.

“In fact, only 10 percent of people without representation in deportation proceedings initiated since 2001 have had successful case outcomes, compared to 63 percent of people with representation.”

The civil rights groups were joined in the letter by seven local governments and elected officials: Salt Lake City Mayor Erin Mendenhall, the Denver Mayor’s Office, the Chicago, Seattle and New Orleans City Offices for Immigrants and Human Rights, the City of Santa Ana , California, and the City Clerk of North Miami, Florida.

The issue is especially important for local governments, which often must manage the impact of family separations and job losses resulting from deportations.

“There are 3.3 million immigrant entrepreneurs nationwide, and immigrant-led households have an estimated purchasing power of $1.3 trillion,” the groups wrote.

“In New York State alone, a recent report found that providing access to attorneys to all immigrants facing deportation proceedings in the state would likely allow an additional 53,000 New Yorkers to remain in their communities, which would result in an estimated net benefit of approximately 53,000 New Yorkers. at least $8.4 billion for federal, state and local governments.”

That economic argument ties in with local governments’ push for work permits for asylum seekers — essentially, cities are trying to ensure people stay productive.

“Legal representation for people facing deportation helps keep families together and our economy thriving. An attorney in immigration court makes the difference between being caught in ICE detention or caring for children at home; between deportation to an unknown place or moving to a thriving local business; between struggling to navigate the labyrinth of our outdated immigration system or having the opportunity to understand your rights and options for relief,” said Nicole Melaku, Executive Director of NPNA.

While President Biden’s 2024 budget request included $150 million for representation, the 2025 fiscal request did not provide any funding for adult representation at all, and it allocates part of a $9.3 billion increase to refugee program to help unaccompanied children “navigate complex immigration court processes.” .”

Because immigration cases are a civil rather than a criminal matter, they lack a range of constitutional protections, such as the right to an attorney.

Yet immigration cases often have consequences similar to criminal convictions and can lead to years of detention for certain undocumented immigrants, even some without a record in the criminal justice system.

“No one should have to be alone when faced with complex legal processes that can cause the devastating consequences of detention or deportation. Immigration procedures are fundamentally unfair; while the government is represented every time, people who cannot afford a lawyer must appear alone before an immigration judge,” said Annie Chen, director of Vera’s Advancing Universal Representation initiative.

The punitive nature of immigration enforcement is compounded by a complex system and, for some foreigners, language barriers.

“Despite the critical role of legal counsel, 63 percent of all people appearing in immigration court are not represented by an attorney, and as many as 83 percent of detainees face proceedings without counsel,” the groups wrote.

“Such unfair barriers raise serious due process concerns – which are even more alarming given that many deportation cases have life-or-death consequences.”