Right to Counsel

We believe fair access to legal counsel in immigration courts is integral to a fair and just system. Our research shows stark disparities in representation rates, with only 37% of immigrants overall–and just 14% of detained immigrants–securing legal representation. Discover more about how we’re working to address this issue.

Temporary Restraining Order Requested to Stop Dangerous EOIR and ICE Policies During the COVID-19 Pandemic

Immigration groups moved for an emergency temporary restraining order against the Executive Office for Immigration Review and U.S. Immigration and Customs Enforcement in order to protect the health of immigration attorneys, immigrants, and the public from the impact of dangerous and unconstitutional policies during the COVID-19 pandemic. Read More

Lawsuit Seeks Halt to Dangerous and Unconstitutional Policies Endangering Immigration Attorneys, Clients, and the Public During the COVID-19 Pandemic

This lawsuit demands the government take immediate actions to prioritize the health and safety of attorneys and clients at risk in response to the COVID-19 pandemic. Read More

Citing Coronavirus Risks and a New Irresponsible Policy for the Immigration Courts, Groups Urge Protecting the Health and Safety of Government Employees, Lawyers, and Immigrants

In a letter calling for prioritizing the health and safety of government employees, detained individuals, and their legal representatives amid the COVID-19 outbreak, the American Immigration Council and the American Immigration Lawyers Association, together with the National Immigrant Justice Center, the Southern Poverty Law Center, and more than 100 other organizations, urged the U.S. Department of Justice Executive Office for Immigration Review and U.S. Immigration and Customs Enforcement to immediately authorize the robust and automatic use of remote options for immigration court appearances and attorney-client meetings. Read More

Conditions in Border Facilities Deny Asylum Seekers Meaningful Screening Interviews

Conditions in Border Facilities Deny Asylum Seekers Meaningful Screening Interviews

In U.S. Customs and Border Protection (CBP) custody, asylum seekers are detained in horribly cold and overcrowded facilities, unable to sleep, without access to food, water, or adequate medical care, and without access to an attorney. Under two new government processes—the Prompt Asylum Claim Review (PACR) and the Humanitarian Asylum… Read More

<em>Las Americas Immigrant Advocacy Center v. Wolf</em>

Las Americas Immigrant Advocacy Center v. Wolf

The American Immigration Council and the American Immigration Lawyers Association submitted an amicus brief in Las Americas Immigrant Advocacy Center v. Wolf, a case filed by the American Civil Liberties Union (ACLU) of Texas, the ACLU Immigrants’ Rights Project, and ACLU of the District of Columbia. The amicus brief urges the… Read More

Statement for the House Judiciary Committee on

Statement for the House Judiciary Committee on “Courts in Crisis: The State of Judicial Independence and Due Process in U.S. Immigration Courts”

The American Immigration Council submitted a written statement to the House Judiciary Committee’s Subcommittee on Immigration and Citizenship for a January 29, 2020, hearing on “Courts in Crisis: The State of Judicial Independence and Due Process in U.S. Immigration Courts.” The statement shares our analysis and research regarding the systemic… Read More

Immigration Courts Further Limit Legal Help Available to People Facing Deportation

Immigration Courts Further Limit Legal Help Available to People Facing Deportation

Every year, thousands of people are forced to face the complex deportation system without an attorney representing them. Now, the immigration courts are seeking to limit the assistance that these individuals can receive from “friend of the court” attorneys. The Executive Office for Immigration Review (EOIR), the agency which includes… Read More

‘I Was Denied Access to the Tent Courts Where Asylum Seekers Are Rushed Through a Sham Process.’

‘I Was Denied Access to the Tent Courts Where Asylum Seekers Are Rushed Through a Sham Process.’

Nearly 60,000 people seeking asylum in the United States have been returned to Mexico to wait for their U.S. court hearings under the Migrant Protection Protocols (MPP), also known as the Remain in Mexico program. Last week, I traveled to South Texas to observe the effects of the Trump administration… Read More

New Pilot Program in El Paso Rushes Asylum Seekers Through A Deeply Flawed Process

Media reports today indicate that the government has initiated a new pilot program in El Paso, Texas to rush the review of sensitive asylum cases. The reported program, called “Prompt Asylum Case Review,” forces families to navigate the asylum process while detained in the custody of U.S. Customs and Border Protection. Read More

Pennsylvania Should Widen Access to Justice for People in Immigration Detention

Pennsylvania Should Widen Access to Justice for People in Immigration Detention

People in immigration detention who are represented by an attorney are more likely to receive a positive outcome in immigration court than those that face judges alone. Unfortunately, people who arrive in the U.S. from other countries are not guaranteed representation even though having one can be the difference between… Read More

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