162 results found for "immigration"
Matches from the Pages
2016 Civil Right to Counsel Bills
2018 Civil Right to Counsel Bills
2019/2020 Civil Right to Counsel Bills
2021/2022 Civil Right to Counsel Federal/State Bills
Matches from the Bibliographic Entries
Emily Ryo, Detained: A Study of Immigration Bond Hearings, Law & Society Review , Volume 50, Issue 1, (March 2016).
Lenni B. Benson, Decio Coviello, Nicola Persico, and Petra E. Todd, Legal Representation in Immigration Courts: The Impact of Randomly Assigned Observers (July 8, 20205), available at https://wwws.law.northwestern.edu/research-faculty/events/colloquium/law-economics/documents/immigration-project-model.pdf.
NYC Comptroller Brad Lander, Economic Benefits of Immigration Legal Services (Mar. 18, 2024), available at https://comptroller.nyc.gov/reports/economic-benefits-of-immigration-legal-services/.
American Immigration Council, Where Can You Win in Immigration Court? The Impact of Lawyers, Detention, Geography, and Policy (interactive site) (Nov. 20, 2025), available at https://www.americanimmigrationcouncil.org/report/immigration-court/?emci=d859148a-30c6-f011-8196-6045bdfe8e9c&emdi=ea3b7c62-37c6-f011-8196-6045bdfe8e9c&ceid=4509995.
John Pollock, Introduction: Angles of the Right to Counsel in Civil Cases Debate: Formalism, Immigration, Reviewability, and Empiricism, 17 U.D.C. L.R. 10 (Spring 2014).
International Covenant on Civil and Political Rights, Resolution 2200A, Article 14 (Dec. 16, 1966).
- Northeastern University School of Law Program on Human Rights and the Global Economy, Access to Civil Justice: Racial Disparities and Discriminatory Impacts Arising from Lack of Access to Counsel in Civil Cases (Dec. 2007).
- United Nations Committee on the Elimination of Racial Discrimination, Concluding Observations of the Committee on the Elimination of Racial Discrimination: United States of America (Feb. 2008).
- United States, Periodic Report of the United States of America to the United Nations Committee on the Elimination of Racial Discrimination Concerning the International Convention on the Elimination of All Forms of Racial Discrimination (June 12, 2013).
- United States, Periodic Report of the United States Of America to the U. N. Committee on the Elimination of Racial Discrimination Concerning the International Convention on the Elimination of All Forms of Racial Discrimination (Apr. 23, 2007).
- Columbia Law School Human Rights Institute and Northeastern University School of Law Program on Human Rights and the Global Economy, Equal Access to Justice: Ensuring Meaningful Access to Civil Cases, Including Immigration Proceedings (CERD Shadow Report) (July 2014).
- United Nations Committee on the Elimination of Racial Discrimination, CERD Follow-Up Letter Sent to State Party (United States) (May 24, 2016).
- United Nations Committee on the Elimination of Racial Discrimination, Concluding Observations on the Combined Seventh to Ninth Periodic Reports of United States of America (Sept. 25, 2014).
Kids in Need of Defense (KIND), A Treacherous Journey: Child Migrants Navigating the U.S. Immigration System (Feb. 2014).
TRAC Immigration, New Data on Unaccompanied Children in Immigration Court (July 15, 2014).
TRAC Immigration, Representation for Unaccompanied Children in Immigration Court (Nov. 25, 2014).
American Bar Ass’n Comm’n on Immigration, A Humanitarian Call to Action: Unaccompanied Children in Removal Proceedings Continue to Present a Critical Need for Legal Representation (May 2016),
Wendy Shea, Almost There: Unaccompanied Alien Children, Immigration Reform, and a Meaningful Opportunity to Participate in the Immigration Process, 18 U.C. Davis J. Juv. L. & Pol’y 148 (Winter 2014).
Annie Chen, An Urgent Need: Unaccompanied Children and Access to Counsel in Immigration Proceedings, American Bar Association Section of Litigation Children’s Rights Litigation (July 14, 2014).
Wendy Melissa Hernandez, Note: The Immigration Crisis in American Courts: Children Representing Themselves, 47 Hastings Const. L.Q. 145 (2019).
F.L.B. v. Lynch (formerly J.E.F.M. v. Holder), No. 2:14-cv-01026 (W.D. Wash. 2014). Documents related to this case can be found here.
Human Rights Watch, Deportation by Default: Mental Disability, Unfair Hearings and Indefinite Detention in the US Immigration System (2010).
Travis Packer, Non-Citizens with Mental Disabilities: The Need for Better Care in Detention and in Court, Immigration Policy Center of American Immigration Council (Nov. 2010).
Texas Appleseed, Justice for Immigration’s Hidden Population (March 2010), available at https://www.texasappleseed.org/sites/default/files/10-ImmigrationDetentionReportMentalDisabilities.PDF.
Kristin Macleod-Ball, Why Immigrants Should Have Access to Legal Counsel, Immigration Impact (Jan. 22, 2013).
Amelia Wilson and Natalie H. Prokop, Applying Method to the Madness: The Right to Court Appointed Guardians Ad Litem and Counsel for the Mentally Ill in Immigration Proceedings, 16 U. Pa. J. L. & Soc. Change 1 (2013).
Arlene S. Kanter, R. Blake Chism & Christopher Nugent, The Right to Asylum and Need for Legal Representation of People with Mental Disabilities in Immigration Proceedings, Mental and Physical Disability Law Reporter (July-August 2001).
TRAC Immigration, Asylum Denial Rate Reaches All Time Low: FY 2010 Results, a Twenty-Five Year Perspective (Sept. 2, 2010).
Ingrid Eagly, Esq., Steven Shafer, Esq., and Jana Whalley, Esq., Detaining Families: A Study of Asylum Adjudication in Family Detention, American Immigration Council (Aug. 2018).
Arlene S. Kanter, R. Blake Chism & Christopher Nugent, The Right to Asylum and Need for Legal Representation of People with Mental Disabilities in Immigration Proceedings, Mental and Physical Disability Law Reporter (July-August 2001).
American Bar Association, Ensuring Fairness and Due Process in Immigration Proceedings (No date)
American Bar Association Commission on Immigration, Reforming the Immigration System: Proposals to Promote Independence, Fairness, Efficiency and Professionalism in the Adjudication of Removal Cases (2010).
Amnesty International, Jailed Without Justice: Immigration Detention in the USA (2009).
The Constitution Project, Recommendations for Reforming our Immigration Detention System and Promoting Access to Counsel in Immigration Proceedings (2009).
Detention Working Group of the Massachusetts Chapter of the National Lawyers Guild, Give Me Your Tired, Your Poor…A Report on Due Process Issues in the Handling of Immigration Detainees in Massachusetts (July 2005).
Anne Hinken, U.S. Department of Justice Executive Office for Immigration Review, Evaluation of the Rights Presentation (Jan. 2000).
Donald Kerwin, Charitable Legal Programs for Immigrants: What They Do, Why They Matter, and How They Can Be Expanded, Immigration Briefings, No. 04-04 (June 2004) (available with WestLaw subscription).
New York City Bar Association Immigration and Nationality Law Committee, Report on the Right to Counsel for Detained Individuals in Removal Proceedings (August 2009).
New York State Bar Association, Report of the Special Committee on Immigration Representation (June 23, 2012).
Office of Planning, Analysis, & Technology, Executive Office for Immigration Review, U.S. Department of Justice, FY 2010 Statistical Year Book (Jan. 2011).
John R.B. Palmer, The Nature and Causes of the Immigration Surge in the Federal Courts of Appeals: A Preliminary Analysis, 51 N.Y.L. Sch. l. Rev. 13 (2006).
Nina Siulc, et al., Improving Efficiency and Promoting Justice in the Immigration System, Lessons from the Legal Orientation Program, Report Summary, Vera Institute of Justice (May 2008).
TRAC Immigration, Immigration Judges (July 2006).
John D. Montgomery, Cost of Counsel in Immigration: Economic Analysis of Proposal Providing Public Counsel to Indigent Persons Subject to Immigration Removal Proceedings (May 28, 2014) (on file with the NCCRC)
National Immigration Law Center, Blazing a Trail: The Fight for Right to Counsel in Detention and Beyond (Mar. 2013).
Ingrid Eagly and Steven Shafer, Access to Counsel in Immigration Court, American Immigration Council (Sept. 2016).
Ingrid Eagly and Steven Shafer, A National Study of Access to Counsel in Immigration Court, 164 U. Penn. L.R. 1 (Dec. 2015).
New Jersey Policy Perspective, Legal Representation in Immigration Courts Leads to Better Outcomes, Economic Stability (June 19, 2018).
Arnold & Porter LLP for the ABA Commission of Immigration, Reforming the Immigration System: Proposals to Promote Independence, Fairness, Efficiency, and Professionalism in the Adjudication of Removal Cases (2010).
American Bar Association, Resolution 105 (Aug. 2017) (all immigration cases).
Mark Fennell, Preserving Process in the Wake of Policy: The Need for Appointed Counsel in Immigration Removal Proceedings, 23 Notre Dame J.L. Ethics & Pub. Pol’y 261 (2009).
Kevin Johnson, An Immigration Gideon for Lawful Permanent Residents, 122 Yale L.J. 2394 (June 2013).
Amanda Masters, Case Comment, Is Procedural Due Process in a Remote Processing Center a Contradiction in Terms? Gandarillas-Zambrana v. Board of Immigration Appeals, 57 Ohio St. L.J. 999 (1996) (on file with the NCCRC).
Ramanujan Nadadur, Beyond “Crimigration” and the Civil-Criminal Dichotomy – Applying Mathews v. Eldridge in the Immigration Context, 16 Yale Hum. Rts. & Dev. L.J. 141 (2013).
National Immigration Project of the National Lawyers Guild, Immigration Law and Defense 3d Database, Updated March 2010, Chapter 7: The Deportation Hearing, 1 Immigr. Law and Defense § 7:57 (2010) (on file with the NCCRC).
Andrew Schoenholtz and Hamutal Bernstein, Improving Immigration Adjudications Through Competent Counsel, 21 Geo. J. Legal Ethics 55 (2008).
Anne Traum, Constitutionalizing Immigration Law on Its Own Path, 33 Cardozo L. Rev. 491 (Dec. 2011).
Shane T. Devins, Using the Language of Turner v. Rogers to Advocate for a Right to Counsel in Immigration Removal Proceedings, 46 J. Marshall L. Rev. 893 (Spring 2013).
Careen Shannon, Immigration Is Different: Why Congress Should Guarantee Access to Counsel In All Immigration Matters, 17 U.D.C. L.R. 165 (Spring 2014).
Mark Noferi, Making Civil Immigration Detention “Civil,” and Examining the Emerging U.S. Civil Detention Paradigm, 27 J. Civ. rts. & Econ. Dev. 533 (Winter 2014).
Kara A. Naseef, How to Decrease the Immigration Backlog: Expand Representation and End Unnecessary Detention, 52 U. Mich. J. L. Reform 771 (2019),
Matthew S. Mulqueen, Access to Counsel in Immigration Proceedings: Appointment of Counsel for Indigent and Minor Respondents Draws Support, Litigation News Vol. 44, No. 2 (Winter 2019).
Eleanor Acer, et al., No Deportation Without Representation: The Right to Appointed Counsel in the Immigration Context, Immigration Briefings (Oct. 2005).
Mark Noferi, Making Civil Immigration Detention “Civil,” and Examining the Emerging U.S. Civil Detention Paradigm, 27 J. Civ. rts. & Econ. Dev. 533 (Winter 2014).
American Bar Association, Resolution 107A (2006) (Right to counsel for all mentally ill/disabled persons in removal proceedings).
Aguilera-Enriquez v. Immigration and Naturalization Serv., 516 F.2d 565 (6th Cir. 1975).
Castaneda-Delgada v. Immigration and Naturalization Serv., 525 F.2d 1295 (7th Cir. 1975).
Henriques v. Immigration Naturalization Servs., 465 F.2d 119 (2d Cir. 1972).
Magallanes-Damian v. Immigration Naturalization Servs., 783 F.2d 931 (9th Cir.1986).
Gokce v. Ashcroft
- No. C02-2568 RBL (W.D. Wash. 2003) (order on report and recommendation) (finding no right to counsel in removal proceeding).
- No. C02-2568 RBL (W.D. Wash. 2003) (report and recommendation).
Matches from the Major Developments
CA funds access to counsel pilot, includes immigrationCA has enacted SB111 to fund access to counsel pilot including, not limited to, immigration legal services
A study of a midwest immigration representation program found a more-than-fourfold increase in success for represented immigrants.
The NY State Bar is backing a series of state bills that would expand access or create a right to counsel for immigration cases.
The extensive enforcement actions of Homeland Security and ICE have raised many right to counsel questions, and not just for immigration cases.
A study by the American Immigration Council found that representation of immigrants more than halved removal rates.
A bill introduced in Congress would provide a right to counsel for all immigrants facing deportation.
New York State introduced at least seven immigration-related bills during the 2026 session.
A legislatively-created task force to study implementation of an immigration right to counsel released its report in May 2024.
A policy brief by the Vera Institute shares compelling statistics justifying the creation of a universal representation program for immigrants.
A statewide bill in NY would provide a right to counsel for both detained and non-detained immigrants in removal proceedings.
A new report out of Pennsylvania finds that few are represented in immigration court and calls for counsel to be provided by the state.
The NY State Bar endorsed a resolution calling for a statewide right to counsel in immigration removal proceedings.
A bill would require the appointment of counsel for immigrants in various kinds of immigration proceedings.
A study found represented immigrants are 12 times more likely to avoid deportation. The study is tied to a project to expand representation.
ABA Resolution 115, adopted at the 2017 ABA Annual conference, supports a right to counsel in immigration court.
SJR 28, passed by the California Assembly, urges the federal government to guarantee counsel for children in immigration cases.
The U.N. Committee to End Racial Discrimination (CERD) has called on the U.S. to guarantee counsel in immigration cases.
A federal bill would require counsel for unaccompanied minors and vulnerable adults in immigration proceedings.
Two federal cases sought a right to counsel for all immigrant children in deportation proceedings, but the Ninth Circuit avoided both cases.
A report commissioned by the NYC Bar finds that an immigration right to counsel would pay for itself.
The U.N. Human Rights Committee gave recommendations to the U.S. as to the ICCPR treaty, and urged the provision of counsel in some cases.
Would establish a right to counsel, at Government expense, for those facing immigration removal who cannot afford counsel.
Requires provision of counsel to all children in immigration custody, as well as children for whom an age assessment is done and children released to nonfamily parent members.
Creates immigration courts of record separate from Executive Branch and specifies immigrants have right to counsel at no expense to government.
Requires provision of counsel to all children in immigration custody, as well as children for whom an age assessment is done and children released to nonfamily parent members.
Immigration judge has discretion to appoint government funded counsel for covered parents for family integrity custody review proceedings.
Would provide a right to counsel for unaccompanied minors in immigration proceedings. [Same as AB 2582]
A 2026 bill enhances due process protections for individuals in immigration interviews.
Allocating $5 million to access to counsel pilot for immigration matters
Allocating $5 million to access to counsel pilot for immigration matters
Would amend Immigration and Nationality Act to specify that for minors from contiguous countries who are in immigration proceedings, right to have counsel represent them changes to right to have access to counsel at no expense to Government.
Appears to be an attempt to reduce access to counsel for unaccompanied children in immigration matters
Would appropriate $4 million for immigrant legal defense (removal, asylum, stabilization of immigration status).
Would appropriate $4 million for immigrant legal defense (removal, asylum, stabilization of immigration status).
Establishes a right to counsel in immigration cases.
2026/05/03 Establishes a right to counsel in immigration cases.
Provides counsel to covered individuals in immigration removal proceedings
Creates federal grant program for purposes of developing immigration attorney pipeline and legal representation infrastructure.
Requires state prisons contracting with federal gov't for immigration detention to advise detained individuals of right to legal counsel.
The NCCRC tracks and intervenes on critically important RTC legislation around the country. Read more to see what we've been up to!
AS 2026 bill, HB 3159, would have provided a right to counsel to unaccompanied minors in immigration-related matters.
Creating a right to counsel for individuals subject to removal proceedings and domiciliaries or held in Vermont detention center.
2026/01/22 Bill would create a Legal Representation in Federal Immigration Proceedings Program in Vermont.
A study found immigration judges who knew they were being observed were more likely to grant a continuance for defendants to find an attorney.
A Vera report found Chicago immigrants represented by the Midwest Immigrant Defenders Alliance were 5x more likely to obtain relief.
CA became the first state to enact a RTC in the immigration context, in particular for "immigrant youth".
A federal court refused to reverse the cancellation of federal grants to fund representation of immigrant children in removal proceedings.
Local gov't entities can't contract w/airlines transporting individuals detained by ICE w/o demonstrating that due process rights were afforded
Local gov't entities can't contract w/airlines transporting individuals detained by ICE w/o demonstrating that due process rights were afforded
Would provide right to counsel for minors appealing denial of adjustment of immigration status who meet certain conditions.
Would provide a right to counsel for unaccompanied minors in immigration proceedings.
Would create special dependency process for "special immigration juveniles" and require appointment
Would create special dependency process for "special immigration juveniles" and require appointment of counsel for minors in such proceedings.
Appears to be an attempt to reduce access to counsel for unaccompanied children in immigration matters
Appears to be an attempt to reduce access to counsel for unaccompanied children in immigration matters
Providing right to counsel to income eligible individuals in immigration court removal proceedings.
Providing right to counsel to income eligible individuals in immigration court removal proceedings.
Appears to be an attempt to reduce access to counsel for unaccompanied children in immigration matters
Appears to be an attempt to reduce access to counsel for unaccompanied children in immigration matters
Boston College Law hosted a panel in sept 2024 focused on civil right to counsel and featuring both advocates and judges as panelists.
Sec. of Homeland Sec. must ensure that a "covered individual" in an immigration matter has a "meaningful opportunity to consult with counsel."
Sec. of Homeland Sec. must ensure that a "covered individual" in an immigration matter has a "meaningful opportunity to consult with counsel."
Provides unaccompanied minors with the RTC in immigration related proceedings
Provides unaccompanied minors with the RTC in immigration related proceedings
Amends existing "[RTC] in Immigration Act," which created a task force to investigate the resources that would be required to to create a RTC for covered individuals in certain immigration matters, to extend the deadline for the task force's report from to 2024 and extend the repeal date to 2025.
In any removal proceeding before an immigration judge and in any appeal proceeding, gov't authorized to provide counsel at its expense to unaccompanied alien children and "certain incompetent aliens."
Appears to be an attempt to reduce access to counsel for unaccompanied children in immigration matters
Appears to be an attempt to reduce access to counsel for unaccompanied children in immigration matters
Appears to be an attempt to reduce access to counsel for unaccompanied children in immigration matters
Appears to be an attempt to reduce access to counsel for unaccompanied children in immigration matters
Providing RTC upon request for judicial review of provisional denials in immigration matters
Appears to be an attempt to reduce access to counsel for unaccompanied children in immigration matters
Appears to be an attempt to reduce access to counsel for unaccompanied children in immigration matters
Appears to be an attempt to reduce access to counsel for unaccompanied children in immigration matters
New guidelines from the Disability Economic Justice Collaborative call for the inclusion of right to counsel as a reasonable accommodation.
All about COVID-19 and how it relates to the right to counsel in critically important civil cases like housing.
A report from New Jersey Policy Perspective shows that immigrants fare better and the state saves money when counsel is provided.
The City of Los Angeles enacted a right to counsel for tenants facing eviction, becoming the 26th jurisdiction to enact such a law.
A report by several subcommittees of the Delaware Access to Justice Commission urges recognition of a right to counsel for more civil cases.
A report by the Civil Justice Strategies Task Force of the California Bar recommended that the state bar support a right to counsel in 4 areas.
A report by the UN Rights Council Working Group on Arbitrary Detention discussed the need for counsel whenever a person faces any kind of detention.
NCCRC collaborated on a report to a UN Rapporteur urging the recognition of a right to counsel in civil cases as a way of combatting poverty.
DHHS' Administration for Children and Families has issued a memo calling for counsel for all parents/children in child welfare cases.
A new report by the American Immigration Council shows that represented immigrants are far more likely to be released and win their cases.
A comprehensive study concluded that detained immigrants are 5.5 times more likely to avoid removal if they have a lawyer.
During a periodic review of the U.S. by the U.N. Human Rights Council, countries urged the U.S. to provide counsel in certain civil cases.
A new report by UNC Law School explains how lack of a civil right to counsel violates international human rights law.
Federal law requires the government to work to secure counsel for unaccompanied minors in immigration proceedings.
ABA Resolution 113 calls for the appointment of counsel for unaccompanied minors in all immigration proceedings.
The international body that enforces the CERD treaty urged the U.S. to address the impact of a lack of a right to counsel on people of color.
The New York City Council's Committee on Immigration held public hearings on different models for providing counsel in immigration cases.
New York is providing universal access to counsel for detained immigrants.
A federal district court held that detainees with mental disabilities have the right to assistance in their immigration removal cases.
