Per data from the Executive Office for Immigration Review, over 65% of people facing deportation do not have legal representation. There were nearly 4 million deportation cases in the last year. Of those ordered deported, 74% did not have an attorney. In light of the influx of migrant arrivals and these results, a call to provide government-funded legal representation for noncitizens in deportation matters is gaining traction.

Noncitizen Experience

Noncitizens arrive in the U.S. having fled difficult situations, often including poverty and limited access to education. These individuals arrive in a U.S. immigration courtroom to represent themselves, uneducated in law and often battling language barriers. The Fairness to Freedom Act, a federal bill, was recently introduced to address this need. The bill, currently under review by judiciary House and Senate committees, proposes a similar approach providing legal representation to migrants facing criminal charges.

Migrants with representation in deportation matters are five times as likely to be granted relief. Those detained are over 10 times more likely to have a favorable outcome when they have legal representation, per the University of Pennsylvania Law Review. New York City is the first jurisdiction to provide representation in deportation matters when individuals are being held by immigration entities. The program, which started in 2013, now has 21 states and 55 local jurisdictions in the U.S. that followed suit. New York is now considering appointing an attorney for every individual who appears before an immigration judge, regardless of custody status.

A union that represents over 500 immigration judges, the National Association of Immigration Judges (NAIJ), supports the government-paid attorney program. Specifically, the group identifies the need particularly for minors and those with mental wellness issues.

Benefits of Representation

Attorneys work directly with the individual to decipher the information to present to the judge. Further, they have a deeper understanding of the legal requirements for a positive outcome. Only about 14% of asylum cases saw a favorable outcome in fiscal 2023. If the individual had legal representation, the rate was closer to 18%. Without representation, the individual may not provide clear and compelling information that proves their claim.
With an attorney, supporting evidence is more succinctly presented. As such, cases can be heard more efficiently. Judges working directly with the individual must complete some basic questioning, trying to decipher the pertinent information for the case. With an attorney, this work is completed in advance and as such, cases are likely resolved more efficiently. In addition, fewer appeals cases are likely following a negative outcome, reducing the overall number of matters waiting to be heard. Per TRAC, there were over 3.5 million immigration cases pending at the end of March 2024. In 2012, the backlog was 325,000 cases.

Impact on Immigration Reform

Comprehensive immigration reform is sorely needed. There is concern that by providing access to legal representation to migrants, the core issues will not be addressed. Millions of dollars in federal grants supporting legal assistance programs for immigration cases have been available for decades. The issues continue. Expanding access to legal counsel should be done simultaneously to immigration reform.

ILBSG actively monitors ongoing news that may affect U.S. immigration. If you have questions about any employment-based or family-based immigration issue, contact us. Our team of experienced attorneys works directly with our clients in their specific situations to ensure they get the right advice.