Right to Counsel

The enforcement of immigration laws is a complex and hotly-debated topic. Learn more about the costs of immigration enforcement and the ways in which the U.S. can enforce our immigration laws humanely and in a manner that ensures due process.

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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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All Right to Counsel Content

  • Press Release

Plaintiffs Will Continue Fight to Halt Dangerous and Unconstitutional Practices by EOIR and ICE

April 28, 2020
Today’s Court decision denying the emergency temporary restraining order in NIPNLG, et al., v. EOIR, et al., is deeply disappointing. This lawsuit was brought against the Executive Office for Immigration Review and U.S. Immigration and Customs Enforcement to protect the health of immigration attorneys, immigrants, and the public from the impact of dangerous and unconstitutional policies during the COVID-19 pandemic.
  • Press Release

Temporary Restraining Order Requested to Stop Dangerous EOIR and ICE Policies During the COVID-19 Pandemic

April 8, 2020
Immigration groups moved for an emergency temporary restraining order against the Executive Office for Immigration Review and U.S. Immigration and Customs Enforcement in order to protect the health of immigration attorneys, immigrants, and the public from the impact of dangerous and unconstitutional policies during the COVID-19 pandemic.
  • Litigation

Stopping Policies Endangering Immigration Attorneys, Clients, and the Public During the COVID-19 Pandemic

The Council filed a lawsuit to close the immigration courts and ensure due process.
  • Press Release

Lawsuit Seeks Halt to Dangerous and Unconstitutional Policies Endangering Immigration Attorneys, Clients, and the Public During the COVID-19 Pandemic

March 30, 2020
This lawsuit demands the government take immediate actions to prioritize the health and safety of attorneys and clients at risk in response to the COVID-19 pandemic.
  • Press Release

Citing Coronavirus Risks and a New Irresponsible Policy for the Immigration Courts, Groups Urge Protecting the Health and Safety of Government Employees, Lawyers, and Immigrants

March 23, 2020
In a letter calling for prioritizing the health and safety of government employees, detained individuals, and their legal representatives amid the COVID-19 outbreak, the American Immigration Council and the American Immigration Lawyers Association, together with the National Immigrant Justice Center, the Southern Poverty Law Center, and more than 100 other organizations, urged the U.S. Department of Justice Executive Office for Immigration Review and U.S. Immigration and Customs Enforcement to immediately authorize the robust and automatic use of remote options for immigration court appearances and attorney-client meetings.
  • Blog

Conditions in Border Facilities Deny Asylum Seekers Meaningful Screening Interviews

February 4, 2020

In U.S. Customs and Border Protection (CBP) custody, asylum seekers are detained in horribly cold and overcrowded facilities, unable to sleep, without access to food, water, or adequate medical...

  • Amicus Briefs

Las Americas Immigrant Advocacy Center v. Wolf

Publication Date: 
January 31, 2020

The American Immigration Council and the American Immigration Lawyers Association submitted an amicus brief in Las Americas Immigrant Advocacy Center v. Wolf, a case filed by the American...

  • Advocacy

Statement for the House Judiciary Committee on "Courts in Crisis: The State of Judicial Independence and Due Process in U.S. Immigration Courts"

January 29, 2020

The American Immigration Council submitted a written statement to the House Judiciary Committee's Subcommittee on Immigration and Citizenship for a January 29, 2020, hearing on "Courts in Crisis:...

  • Blog

Immigration Courts Further Limit Legal Help Available to People Facing Deportation

December 3, 2019

Every year, thousands of people are forced to face the complex deportation system without an attorney representing them. Now, the immigration courts are seeking to limit the assistance that these...

  • Blog

‘I Was Denied Access to the Tent Courts Where Asylum Seekers Are Rushed Through a Sham Process.’

November 18, 2019

Nearly 60,000 people seeking asylum in the United States have been returned to Mexico to wait for their U.S. court hearings under the Migrant Protection Protocols (MPP), also known as the Remain...

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