LexisNexis® Legal Newsroom
Vulnerable Immigrants in Deportation Proceedings Unable to Represent Themselves Must Get Counsel and a Hearing

NWIRP, Apr. 23, 2013 : "A federal district judge has ordered the U.S. Immigration and Customs Enforcement, the Attorney General, and the Executive Office of Immigration Review to provide legal representation to immigrant detainees with mental disabilities who are facing deportation and who are unable...

NYC to Provide Lawyers for All Detained Respondents in Removal Proceedings

"With $4.9 million dollars of funding from the New York City Council included in the FY 2015 budget for the New York Immigrant Family Unity Project (NYIFUP), New York City will become the first jurisdiction in the nation to provide universal representation to any indigent immigrant detained and...

Groups Sue Feds Over Failure to Provide Lawyers for Kids in Immigration Court

"The American Civil Liberties Union, American Immigration Council, Northwest Immigrant Rights Project, Public Counsel, and K&L Gates LLP today filed a nationwide class-action lawsuit on behalf of thousands of children who are challenging the federal government's failure to provide them with...

Advance Copy of EOIR Proposed Rule: Separate Representation for Custody and Bond Proceedings

"This document proposes to amend the Executive Office for Immigration Review (EOIR) regulations relating to the representation of aliens in custody and bond proceedings. Specifically, this rulemaking proposes to allow a representative before EOIR to enter an appearance in custody and bond proceedings...

EOIR Proposed Rule: Separate Representation for Custody and Bond Proceedings

"This document proposes to amend the Executive Office for Immigration Review (EOIR) regulations relating to the representation of aliens in custody and bond proceedings. Specifically, this rulemaking proposes to allow a representative before EOIR to enter an appearance in custody and bond proceedings...

California to Provide $3M in Legal Services for Unaccompanied Immigrant Children

"A bill signed on Saturday by California Gov. Jerry Brown will provide $3 million to qualifying nonprofits to offer free legal assistance for child migrants . Nonprofit legal service providers handling the cases of recently-arrived child migrants from Central America say the demand for pro-bono...

In Two out of Three Pending Cases, Unaccompanied Children Have No Representation in Immigration Court: TRAC

"Unaccompanied children are represented by an attorney in only about one-third (32%) of 63,721 cases pending in Immigration Court as of October 31, 2014, according to the latest data obtained and analyzed by Syracuse University's Transactional Records Access Clearinghouse (TRAC). For cases decided...

Representation is Key in Immigration Proceedings Involving Women with Children: TRAC

"New data tracking the processing of "women with children" cases by the Immigration Court's new priority docketing system provide details on how these cases are proceeding. As of the end of January 2015, a total of 26,342 removal proceedings involving women with children had been flagged...

TRAC: Legal Representation Makes 14X Difference in 'Women with Children' Immigration Court Cases

"Results continue to show that the single most important factor in determining outcome is whether or not these individuals are represented in their court proceedings. For cases concluded thus far, the odds of being allowed to remain in this country were increased more than fourteen-fold if women...

EOIR Set to Publish Representation Rules

EOIR, Sept. 16, 2015 - EOIR Publishes Rules Regarding Legal Representation " The Executive Office for Immigration Review (EOIR) today announced that the Deputy Attorney General has signed for publication in the Federal Register one proposed rule and two final rules, each addressing various aspects...

EOIR Rules (Two Final, One Proposed) in Oct. 1st Federal Register

List of Pro Bono Legal Service Providers for Individuals in Immigration Proceedings - "This final rule adopts, as amended, the proposed rule entitled “List of Pro Bono Legal Service Providers for Aliens in Immigration Proceedings.” The final rule changes the name of the “List of...

EOIR Publishes Representation Rules

1. Separate Representation for Custody and Bond Proceedings - "This final rule adopts, without change, the proposed rule ‘‘Separate Representation for Custody and Bond Proceedings’’ as published in the Federal Register on September 17, 2014. Specifically, this final rule...

With few lawyers, child migrants fight alone in court to stay in the U.S.

Ivette Feliciano, PBS Newshour, Nov. 8, 2015 - "Unlike criminal court, in immigration court, the federal government is not required to provide lawyers to defendants who cannot afford them — not even unaccompanied minors like Jessica. But whether or not they have a lawyer makes a big difference...

Legal Representation Saves Lives - Study

"Detainees represented by the surveyed nonprofits won their deportation cases 83% of the time. This success rate stands in stark contrast to the results of the Executive Office of Immigration Review (EOIR) study, in which detained individuals without counsel only prevailed 7% of the time."...

Contract Dispute Over Legal Representation of Unaccompanied Migrant Minors May Clog Dockets

Ryan Grim, Jan. 18, 2015 - "Thousands of unaccompanied minors who came across the U.S. border as part of the migrant crisis are at risk of being deported without due process, the archbishop of Miami has warned the Obama administration. Although the law dictates that these children must be given...

What's the Difference Between a Refugee and a Deportee? A Lawyer

Julianne Hing, Feb. 13, 2016 - "Two years after tens of thousands of children and families began fleeing rampant violence in Central America for the United States, a year and a half after the ensuing media panic over their arrival triggered a militarized response from Texas, and a month after the...

DOJ Judge: 3-Year-Olds Can Represent Themselves in Immigration Court

Jerry Markon, Washington Post, Mar. 4, 2016 - "A senior Justice Department official is arguing that 3- and 4-year-olds can learn immigration law well enough to represent themselves in court, staking out an unconventional position in a growing debate over whether immigrant children facing deportation...

Deportation Without Representation: The Access-to-Justice Crisis Facing New Jersey's Immigrant Families

Lori A. Nessel & Farrin R. Anello, June 1, 2016 - "New Jersey presents unique immigration circumstances. The American Immigration Council reports that 21% of New Jersey’s residents are immigrants, whereas immigrants comprise only 12.9% of the entire U.S. population. Approximately half...

Advance Copy of EOIR Final Rule: Recognition of Organizations and Accreditation of Non-Attorney Representatives

This document is scheduled to be published in the Federal Register on 12/19/2016 - "This rule amends the regulations governing the requirements and procedures for authorizing representatives of non-profit religious, charitable, social service, or similar organizations to represent persons in proceedings...

Free ‘public defender’s office’ would represent immigrants in deportation proceedings

Alfonso Chardy, Miami Herald, Mar. 25, 2017 - "A movement is taking shape to create a sort of “public defender’s office” to represent hundreds of thousands of immigrants who may wind up in deportation proceedings and cannot afford an attorney. While the effort is amorphous at this...

Seattle Non-Profit Sues Feds over 2008 Representation Rules: NWIRP v. Sessions

NWIRP, May 8, 2017 - "Northwest Immigrant Rights Project filed a lawsuit in federal district court challenging an order from the Department of Justice instructing NWIRP to “cease and desist” from assisting unrepresented immigrants in deportation proceedings. The DOJ letter purports to...

Immigrants in Detention Centers Are Often Hundreds of Miles From Legal Help

Patrick G. Lee, ProPublica, May 16, 2017 - "One morning in February, lawyer Marty Rosenbluth set off from his Hillsborough, North Carolina, home to represent two anxious clients in court. He drove about eight hours southwest, spent the night in a hotel and then got up around 6 a.m. to make the final...

The Airport Lawyers Who Stood Up to Trump Are Under Attack

Rachel B. Tiven, The Nation, May 21, 2017 - "While the country has been fixated on President Trump’s firings, leaks, and outbursts involving the Department of Justice, that agency has itself been stealthily attacking our democracy by telling good lawyers to stop representing people. Four weeks...

Nationwide Preliminary Injunction Blocks DOJ from Enforcing 'Cease and Desist' Letter Against NWIRP

NWIRP v. Sessions, July 27, 2017 - "1. Plaintiffs’ Motion for Preliminary Injunction (Dkt. 37) is GRANTED. 2. Defendants Jefferson B. Sessions III, the United States Department of Justice, the Executive Office for Immigration Review, Juan Osuna, and Jennifer Barnes, and all of their officers...

New York Program Makes Huge Difference in Immigration Court Outcomes

Dara Lind, VOX, Nov. 9, 2017 - "Soon, every eligible immigrant who gets detained in one of a dozen cities — including New York, Chicago, Oakland, California, and Atlanta — will have access to a lawyer to help fight their immigration court case. The change started at Varick Street. The...