Right to Counsel

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Access to Counsel in Immigration Court

Immigrants in immigration court do not have a right to government-appointed counsel. The lack of legal representation has a profound impact on immigrants’ outcomes in removal proceedings.

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  • Press Release

Lawsuit Seeks Clarity on How Immigrants Serving Time Are Deported From The United States

July 19, 2019
The American Immigration Council, American Immigration Lawyers Association, and Immigrant Defense Project filed a lawsuit Wednesday in federal court to compel the government to release records and data about the Department of Justice’s Institutional Hearing Program, an obscure program that expedites the deportation of immigrants who are serving time for criminal offenses. The lawsuit seeks to understand how the IHP operates, where it operates, and who it targets.
  • FOIA Litigation

FOIA Lawsuit Demands Release of Information on the Institutional Hearing Program

This FOIA lawsuit sought information from the EOIR on the Institutional Hearing Program (IHP), which it runs jointly with ICE and the Bureau of Prisons (BOP).
  • Blog

The Judicial Black Sites the Government Created to Speed Up Deportations

January 7, 2019

As the Trump administration continues to strip away due process in immigration courts, the recent creation of two “Immigration Adjudication Centers” is cause for concern. The two new facilities...

  • Blog

Federal Court to Consider Again Whether Children Can Be Deported Without Attorneys

December 10, 2018

On Monday, the Ninth Circuit Court of Appeals heard arguments in C.J.L.G. v. Whitaker, a case that addresses whether children facing deportation have the right to a court-appointed attorney....

  • Press Release

No One Should Face the Immigration System Alone: The American Immigration Council Highlights the Critical Need for Access to an Attorney for #GivingTuesday Campaign

November 21, 2018
The American Immigration Council announced today that it will focus on the critical need for access to an attorney when navigating the immigration system during its #GivingTuesday and year-end fundraising campaign starting November 27.
  • Blog

New Government Study Attempts to Undermine Legal Orientation Program for Detained Immigrants

September 7, 2018

The Department of Justice (DOJ) released “Phase I” of its review of the federally-funded Legal Orientation Program (LOP) this week. The review came after Attorney General Jeff Sessions attempted...

  • Fact Sheet

Legal Orientation Program Overview

Publication Date: 
September 6, 2018
The Legal Orientation Program (LOP) offers legal education, as well as referrals for free and low-cost legal counsel, to noncitizens in immigration detention.
  • Blog

Justice Department Will Not Halt Legal Orientation Program for Detained Immigrants, Reversing Course for Now

April 25, 2018

Just two weeks after the Department of Justice (DOJ) announced a suspension of the Legal Orientation Program (LOP), Attorney General Jeff Sessions testified today that DOJ will reverse course and...

  • Blog

The Justice Department Is Halting Its Legal Advice Program for Detained Immigrants

April 11, 2018

In its latest attack on due process and access to counsel in the immigration court system, the Executive Office for Immigration Review (EOIR) has decided to suspend its Legal Orientation Program (...

  • Blog

Supreme Court Finds No Right to a Bond Hearing Under Immigration Law

February 28, 2018

Indefinitely detained immigrants facing possible deportation lost ground in their fight for the right to a bond hearing following a Supreme Court decision on Tuesday. Their sole remaining weapon...

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