Civil rights groups call for funds for immigration court representation

A coalition of more than 100 civil rights and immigrant rights groups is calling on Congress to fund legal representation for foreign nationals in immigration detention.

In a letter to top 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 (D-Conn.) — the organizations said Congress should allocate $400 million for immigrant representation.

Immigrants who are detained and subject to removal proceedings currently have scant due process rights and no rights to a government-appointed lawyer.

“Studies have found that immigrants represented by legal counsel are five times more likely to obtain legal assistance, while detained individuals are up to 10.5 times more likely to obtain 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 municipal 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 are often left to manage the consequences of family separations and job losses due to deportations.

“There are 3.3 million immigrant entrepreneurs across the country and immigrant-led families have an estimated purchasing power of $1.3 billion,” the groups wrote.

“In New York State alone, a recent report shows that providing access to lawyers to all immigrants facing deportation proceedings in the state would likely result in 53,000 more New Yorkers being able to remain in their communities, resulting in an estimated net benefit of at least at least $8.4 billion to federal, state and local governments.”

This economic argument is in line with the push by local governments for work permits for asylum seekers – essentially, cities are trying to ensure that people remain productive.

“Legal representation for people facing deportation helps keep families together and our economy prosperous. An immigration court lawyer is the difference between being stuck in ICE detention or being at home taking care of the children; between deportation to an unknown place or joining a thriving local business; between struggling to navigate the maze of our outdated immigration system or having the opportunity to understand your rights and opportunities for help,” said Nicole Melaku, executive director of NPNA.

While President Biden’s 2024 budget request included $150 million for representation, the 2025 fiscal request had no funding for adult representation, and directs part of a $9.3 billion increase to the refugee program to be used to help unaccompanied children “navigate complex immigration court processes.”

Because immigration cases are a civil and not a criminal matter, they lack a number of constitutional protections, such as the right to an attorney.

However, immigration cases often have consequences similar to criminal sentences and can lead to years of detention for certain undocumented immigrants, even some without registration in the criminal justice system.

“No one should have to be alone when facing complicated legal proceedings that could have the devastating consequences of detention or deportation. Immigration processes are fundamentally unfair; While the government is always represented, people who cannot afford a lawyer should only appear 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 foreign citizens, 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 a staggering 83 percent of people detained face proceedings without an attorney,” the groups wrote.

“These unfair barriers create serious due process concerns – which are even more alarming given that many deportation cases involve life-and-death consequences.”