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
“„“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.”
“„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.