A coalition of more than 100 civil rights and immigrant rights groups are urging Congress to allocate funds for legal representation for foreign nationals in immigration detention.
In a letter to key lawmakers 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 stated that Congress should allocate $400 million for legal assistance for immigrants.
Currently, immigrants in detention and facing deportation proceedings have very limited rights to fair treatment and no entitlement to a government-appointed lawyer.
The groups, led by Fairness to Freedom, the National Partnership for New Americans (NPNA) and the Vera Institute of Justice, expressed that research indicates immigrants with legal counsel are five times more likely to obtain legal relief, while detained individuals are up to 10.5 times more likely to achieve a favorable outcome with legal representation.
“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 letter from the civil rights groups also bears the support of 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, Calif., and the city clerk of North Miami, Fla.
Local governments are particularly concerned about this issue, as they often have to address the impact of family separations and labor losses due to deportations.
“There are 3.3 million immigrant entrepreneurs nationwide, and immigrant-led households have an estimated spending power of $1.3 trillion,” the groups wrote.
“In New York State alone, a recent report shows that providing access to attorneys for all immigrants facing deportation proceedings in the state would likely result in an additional 53,000 New Yorkers being able to remain in their communities, resulting in an estimated net benefit of at least $8.4 billion for the federal, state, and local governments.”
That economic argument is aligning with local governments’ push for work permits for asylum-seekers — essentially, cities are trying to ensure people remain productive.
“Legal representation for people facing deportation helps keep families together and our economy thriving. An attorney in immigration court is the difference between being imprisoned in ICE detention or being at home caring for the kids; between deportation to an unknown place or pouring into a thriving local business; between struggling to navigate the labyrinth of our outdated immigration system or having a chance to understand your rights and opportunities for relief,” said Nicole Melaku, executive director of the NPNA.
While President Biden’s 2024 budget request included $150 million for representation, the fiscal 2025 request had no funding whatsoever for adult representation, and it directs a portion of a $9.3 billion increase to the refugee program in order to assist unaccompanied children in “maneuvering through complicated immigration court proceedings.”
Because immigration cases are a civil matter rather than a criminal one, they do not have a set of constitutional protections, such as the right to an attorney.
However, immigration cases often have consequences similar to criminal sentencing and may result in years of detention for certain undocumented immigrants, even those with no criminal record.
Annie Chen, director of Vera’s Advancing Universal Representation initiative, stated, “No one should have to face complex legal proceedings alone that could lead to the devastating consequences of detention or deportation. Immigration proceedings are fundamentally unjust; while the government is always represented, individuals who cannot afford an attorney must appear before an immigration judge by themselves.”
The punishing nature of immigration enforcement is worsened by a complex system and language barriers for some foreign nationals.
“Despite the crucial role of legal counsel, 63 percent of all people appearing in immigration court do not have representation, and a staggering 83 percent of detained people go through proceedings without a lawyer,” the groups wrote.
“Such unfair obstacles raise significant due process concerns — especially considering that many deportation cases involve life or death consequences.”
