- Special Report
Falling through the Cracks
Published
How Gaps in ICE's Prosecutorial Discretion Policy Affect Immigrants Without Legal Representation
While the Obama administration’s has expanded use of prosecutorial discretion in immigration cases, the subject of immigrants without legal representation and their ability to access this discretion remains unresolved. In 2011, nearly half of all immigrants in removal proceedings appeared “pro se,” or without legal representation. While immigration attorneys can explain the effect of these policies to their clients, pro se immigrants may be unaware that new policies are even in effect. Immigrant advocates have thus been rightly concerned about whether pro se immigrants in removal proceedings will benefit from Immigration and Customs Enforcement’s (ICE) prosecutorial discretion policies.
This paper lays out what immigration authorities can do to ensure that pro se immigrants understand what prosecutorial discretion is, how they can seek it, and what they should do after receiving (or not receiving) an offer of it.
Help us fight for immigration justice!
The research is clear – immigrants are more likely to win their cases with a lawyer by their side. But very few can get attorneys.
Introducing the Immigration Justice Campaign Access Fund.
Your support sends attorneys, provides interpreters, and delivers justice.
Immigration Justice Campaign is an initiative of American Immigration Council and American Immigration Lawyers Association. The mission is to increase free legal services for immigrants navigating our complicated immigration system and leverage the voices and experiences of those most directly impacted by our country’s immigration policies to inform legal and advocacy strategies. We bring together a broad network of volunteers who provide legal assistance and advocate for due process for immigrants with a humane approach that includes universal legal representation and other community-based support for individuals during their immigration cases.