Photo from behind of the shoulders and head of an asylum seeker meeting with two attorneys who are facing the camera. They are sitting at a table filled with neatly stacked files and office supplies.

Access to Counsel

In immigration court, having legal representation matters. 

Access to counsel often makes the difference between whether someone is allowed to remain safely in the United States or is deported to harm, permanently separated from family.

Immigrants without legal representation must navigate a complex legal system and face adversarial government attorneys alone. Children and detained immigrants, and those with limited English proficiency, are at an even greater disadvantage without counsel.

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Greater likelihood that non-detained immigrants with attorneys will win their cases. (2016, AIC)
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Greater likelihood that detained immigrants with attorneys will obtain relief. (2016, AIC)

The immigration system does not provide court-appointed attorneys for people who cannot afford one.

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Cases appeared in immigration court in 2024 where people did not have representation. (2024, Vera)

Legal counsel ensures fairer and more efficient court hearings.

As the backlog of immigration cases continues to grow, some people are waiting up to five years for their immigration cases to be heard. Expanding access to counsel could help reduce this backlog and improve overall court efficiency.

Everyone in immigration proceedings has a right to counsel. 

Until we achieve a federal universal representation program, state and private funders are critical partners to ensure as many people as possible have legal representation as they navigate the immigration system.