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.
Expansion of Fast-Track Deportations Jeopardizes Countless Vulnerable Individuals and Fair Day in Court
Expanding expedited removal in this manner will create a 'show me your papers' regime of immigration enforcement where individuals—including any U.S. citizens they encounter—will be forced to prove they should not be deported. The American Immigration Council will not stand by idly as the Trump administration continues its unlawful attacks on our communities. We will see the Trump administration in court Read More
Lawsuit Seeks Clarity on How Immigrants Serving Time Are Deported From The United States
The American Immigration Council, American Immigration Lawyers Association, and Immigrant Defense Project filed a lawsuit Wednesday in federal court to compel the government to release records and data about the Department of Justice’s Institutional Hearing Program, an obscure program that expedites the deportation of immigrants who are serving time for criminal offenses. The lawsuit seeks to understand how the IHP operates, where it operates, and who it targets. Read More
The Institutional Hearing Program: An Overview
The Institutional Hearing Program permits immigration judges to conduct removal proceedings for noncitizens serving criminal sentences in certain correctional facilities. Read More
FOIA Lawsuit Demands Release of Information on the Institutional Hearing Program
This FOIA lawsuit sought information from the EOIR on the Institutional Hearing Program (IHP), which it runs jointly with ICE and the Bureau of Prisons (BOP). Read More
No One Should Face the Immigration System Alone: The American Immigration Council Highlights the Critical Need for Access to an Attorney for #GivingTuesday Campaign
The American Immigration Council announced today that it will focus on the critical need for access to an attorney when navigating the immigration system during its #GivingTuesday and year-end fundraising campaign starting November 27. Read More
New Government Study Attempts to Undermine Legal Orientation Program for Detained Immigrants
The Department of Justice (DOJ) released “Phase I” of its review of the federally-funded Legal Orientation Program (LOP) this week. The review came after Attorney General Jeff Sessions attempted to end the program in April but was forced to reverse that decision after receiving significant bipartisan pushback from Congress. Read More
Justice Department Will Not Halt Legal Orientation Program for Detained Immigrants, Reversing Course for Now
Just two weeks after the Department of Justice (DOJ) announced a suspension of the Legal Orientation Program (LOP), Attorney General Jeff Sessions testified today that DOJ will reverse course and continue the program—at least for now. The announcement was made while testifying before the Senate Appropriations… Read More
The Justice Department Is Halting Its Legal Advice Program for Detained Immigrants
In its latest attack on due process and access to counsel in the immigration court system, the Executive Office for Immigration Review (EOIR) has decided to suspend its Legal Orientation Program (LOP) despite its demonstrated ability to increase efficiencies in the nation’s horribly backlogged immigration courts. Read More
