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3 Cases That Could Boost Immigrants' Access To Counsel

Immigrants facing deportation are much more likely to succeed in their cases with access to counsel, but there remains a profound crisis of representation in the nation’s immigration courts, attorneys said.

According to data from Second Circuit Chief Judge Robert Katzmann’s Study Group on Immigrant Representation, 63 percent of immigrants do not have counsel in immigration court proceedings. Only 13 percent of asylum-seeking immigrants prevail in their cases without a lawyer, while 74 percent of those with a lawyer see success.

Courts have so far rejected the idea that immigrants have a right to counsel under the Constitution’s Sixth Amendment. But some organizations are trying to change that for immigrant minors who are not capable of representing themselves and at least eliminate barriers to access to counsel.

Here, Law360 examines their suits.

See link for full article.

Topics:
  • Access to Justice