Immigration right to counsel in the Trump era

Immigration has been in the news every day due to the rampant and often unconstitutional behavior of the Department of Homeland Security and ICE.  People are often surprised to learn that there is no established right to counsel in removal proceedings (the Supreme Court has not yet addressed the issue), even though immigrants are detained in prisons, often brought to court in leg irons and jumpsuits, face a federal prosecutor in court, and stand to lose most of their fundamental rights (including potentially even their lives) if they are deported.  And there have been many lawsuits filed over Homeland Security and ICE denying immigrants access to volunteer or retained attorneys.  The Trump Administration also cancelled grants that provided funding for legal counsel for unaccompanied children, a move that has been successfully challenged in court.

The enforcement actions are having a secondary devastating effect: causing immigrants (even naturalized citizens) to have a reasonable fear of going to court for any civil matter (housing, domestic violence, child custody, etc.) for fear of encountering ICE, meaning they are unable to protect or enforce any of their rights.  Some states are starting to act: California enacted a law (not yet funded) for “immigrant youth”, and this session there are a number of bills around the country and at the federal level that would provide either a right to appointed counsel or the right to consult with retained counsel.