rssReport: Immigrant Detainees Often Lack Access to Legal Counsel
Tuesday, September 14, 2010 at 10:08 am
- 17 Comments
Detainees moving through immigration courts lack certain rights that most Americans take for granted, and among them is the right to legal counsel. Although a network of legal aid organizations has formed to try to provide detainees with lawyers, the immigration detention system does not always facilitate access to pro bono attorneys for detainees — in many cases because detention centers are located too far away from legal aid organizations, according to a report to be released today by the National Immigrant Justice Center.
More than 80 percent of detainees in the survey were housed in isolated facilities far from legal aid organizations, creating heavy caseloads of 100 detainees per attorney, The Los Angeles Times reported. Another 10 percent had no access to legal representation:
“While access to legal counsel is a foundation of the U.S. justice system, our survey found that the government continues to detain thousands of men and women in remote facilities where access to counsel is limited or nonexistent,” said Mary Meg McCarthy, executive director of the National Immigrant Justice Center. “In some facilities, it is impossible for detained immigrants to find attorneys.”
Federal officials said they were making progress in helping provide legal help for detained immigrants.
“ICE is committed to allowing detainees access to telephones, legal counsel and law library resources,” agency spokesman Brian Hale said in a statement. “ICE is working with our stakeholders, including the U.S. Department of Justice … and nongovernmental organizations, to expand and support pro bono representation for those in our custody.”
ICE has attempted to reform its detention system, but human rights groups have argued more reform is necessary. One major issue is that immigrants must know — or be told — some of their rights so they can seek out legal representation. The survey found that more than half of facilities did not offer detainees information about their rights.
The Justice Department provides a list of free legal service providers in many areas, and large detention centers often have libraries with information on the legal system. But these services vary from center to center. Ultimately, access to a lawyer can have a huge impact on the outcome of a detainee’s case:
A 2005 Migration Policy Institute study found that 41% of detainees applying to become lawful permanent residents who had legal counsel won their cases, compared with 21% of those without representation. In asylum cases, 18% of detainees with lawyers were granted asylum, compared with 3% for those without.
Migration Policy Institute argued that granting better access to lawyers would save money by making the process more efficient — saving some of the $122 per day costs of detention.
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Comment posted September 14, 2010 @ 4:20 pm
Detainees moving through immigration courts lack certain rights that most Americans take for granted, and among them is the right to legal counsel.???????????
They lack all rights taken for granted by American citizens what the hell does that mean? Has anyone noticed, they are not American citizens. If they are in the process of becoming citizens what does that mean? Have they filed the papers, have they paid the fees, have they learned English, do they have the documentation?
If they don't have the documentation then they don't have the rights. What about my rights which include having a secure and safe border to protect the citizens of the United States. These individuals get free lawyers, free court time and the sympathy of action groups. If I am arrested in Mexico, what Mexican rights do I have as a citizen of the United States? Asylum, they should have already been in the system, just because they want to be here doesn't mean we just open the borders and say Howdy…..In fact all the lawyers fighting for them should be located on the other side of the border helping them on their own dime. Why do we pay for them breaking the law? They are using American tax money for the courts and ICE employees. lets not forget special interest funding and grants sponsored only to bypass our laws and regulations. Our system is backwards. Too many people come into this country having to work and pay hard for the honor of citizenship. We insult all others, just to bend over for Mexico. Our system is weak and backwards.
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Comment posted September 14, 2010 @ 4:26 pm
The right to an attorney only applies to criminal offenses, immigration violations are civil offenses. That's why they don't have pro bono attorneys lined up to assist them.
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