Right to Counsel

The immigration laws and regulations provide some avenues to apply for lawful status from within the U.S. or to seek relief from deportation.  The eligibility requirements for these benefits and relief can be stringent, and the immigration agencies often adopt overly restrictive interpretations of the requirements.  Learn about advocacy and litigation that has been and can be undertaken to ensure that noncitizens have a fair chance to apply for the benefits and relief for which they are eligible.  

All Right to Counsel Content

  • Fact Sheet

The Institutional Hearing Program: An Overview

November 29, 2021
The Institutional Hearing Program permits immigration judges to conduct removal proceedings for noncitizens serving criminal sentences in certain correctional facilities.
  • Research and Analysis

Coalition Letter Expresses Concerns About Proposed Expedited Asylum Process

June 8, 2021
The Council expressed concerns about the Biden administration's plans for a new type of expedited asylum proceedings.
  • Fact Sheet

Community Support for Migrants Navigating the U.S. Immigration System

February 26, 2021
This fact sheet draws from original data gathered from hundreds of community-organizations around the country and provides a snapshot of the extent of available services that help migrants navigate...
  • Fact Sheet

Providing Noncitizens With Their Day in Court

May 15, 2013
Our legal system rests upon the principle that everyone is entitled to due process of law and a meaningful opportunity to be heard. But for far too long, immigration courts have failed to provide...
  • Special Report

Falling through the Cracks

May 14, 2012
How Gaps in ICE's Prosecutorial Discretion Policy Affect Immigrants Without Legal Representation While the Obama administration’s has expanded use of prosecutorial discretion in immigration cases,...
  • Special Report

Behind Closed Doors: An Overview of DHS Restrictions on Access to Counsel

May 1, 2012
The report describes restrictions on access to legal counsel before DHS, provides a legal landscape, and offers recommendations designed to combat DHS’s harmful practices. It also addresses changes...
  • Fact Sheet

Crossing Borders Alone: The Treatment of Unaccompanied Children in the United States

December 1, 2003
Children who travel unaccompanied to the United States experience not only the trauma of family separation and the frequently predatory behavior of the traffickers who bring them, but also harsh...
  • FOIA Litigation

Council Sues to Press for Records About the Treatment of Black Immigrants in Detention

This FOIA suit seeks to compel ICE to release information about conditions, treatment, and outcomes in eight immigration detention facilities in the U.S. South.
  • 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.
  • FOIA Litigation

FOIA Lawsuit Demands Release of Information on the Institutional Hearing Program

This FOIA lawsuit sought information from the EOIR on the Institutional Hearing Program (IHP), which it runs jointly with ICE and the Bureau of Prisons (BOP).
  • Advocacy

Comments on Streamlining and Improving the U.S. Immigrant and Nonimmigrant Visa Systems

January 29, 2015
The Council submitted comments in response to a request by DHS and the Department of State (DOS) for input on streamlining and improving the U.S. immigrant and nonimmigrant visa systems. In the comments, the Council recommended that DHS amend 8 C.F.R. § 292.5(b) to ensure that individuals in secondary inspection are provided with a regulatory right to counsel during their examinations, and that DOS promulgate regulations in 22 C.F.R. Part 40 to provide for meaningful access to counsel during interviews at consular posts.
  • Advocacy

American Immigration Council Synopsis: CBP Restrictions on Access to Counsel

October 1, 2014
The synopsis provides a summary of CBP policies related to access to counsel, based on documents obtained through the Council’s FOIA request and litigation. The summary addresses access to counsel in inspections and CBP detention, and policies on advisals of rights and the treatment of children.
  • Litigation

Right to Appointed Counsel for Children in Immigration Proceedings

This lawsuits seeks recognition of a right to appointed counsel for unrepresented children in immigration proceedings nationwide.
  • Advocacy

Comments to the USCIS Interim Memo “The Role of Private Attorneys and Other Representatives; Revisions to Adjudicator’s Field Manual (AFM) Chapters 12 and 15; AFM Update AD11-42.”

February 14, 2012
The Council and AILA submitted comments on the USCIS Interim Memo “The Role of Private Attorneys and Other Representatives; Revisions to Adjudicator’s Field Manual (AFM) Chapters 12 and 15; AFM Update AD11-42.” The comments recommended, among other things, that USCIS take additional steps to clarify the role of attorneys and the treatment of attorneys’ written submissions; to address continued limitations on attorney seating; to expand the requirements related to waivers of representation; and to improve the complaint process.
  • Litigation

Access to Counsel Before CBP

The American Immigration Council, with co-counsel Dorsey & Whitney LLP, filed a lawsuit against the Department of Homeland Security (DHS) and U.S. Customs and Border Protection (CBP) to compel the release of records relating to noncitizens’ access to counsel.

  • Advocacy

Council and AILA Letter Urging ICE to Address Reports of Restrictions on Access to Counsel in a Range of Interview Settings

August 8, 2011
In this letter, the Council and AILA urged ICE to address reports of restrictions on access to counsel in a range of interview settings. These restrictions, documented in a nation-wide survey of immigration attorneys, included complete bars to attorney presence during ICE interviews and limits on participation when attorneys are permitted to be present. Attorneys also reported that ICE officers often were antagonistic toward attorneys.
  • Advocacy

Council and AILA’s Recommendations for Changes to the USCIS Adjudicator's Field Manual (AFM)

June 14, 2011
The Council and AILA provided recommendations for changes to the USCIS Adjudicator's Field Manual (AFM) to better safeguard the attorney's role in USCIS interviews. These recommendations were in response to a request from USCIS to present specific recommendations for changes to USCIS guidance on access to counsel.
  • Blog

Department Of Justice Urges Immigration Courts to Help Make Pro Bono Representation Easier

November 11, 2021

Research has long shown that access to a lawyer is one of the most important factors that determines whether an immigrant in removal proceedings will be able to remain in the United States. A new...

  • Blog

New Illinois Law Allows Public Defenders to Represent Immigrants Facing Deportation

September 2, 2021

Illinois Governor J.B. Pritzker signed a law in August that would allow the Cook County Public Defender to represent immigrants in the Chicago immigration court. The law is part of a movement to...

  • Blog

A Federal Defender System for Immigrants Is Long Overdue

February 26, 2021

The stakes in immigration court could not be higher—many people face the possibility of being permanently torn away from their families and communities in the United States. Others seeking...

  • Blog

The Value of Pro Bono Legal Services in Immigration Detention

October 28, 2020

Once a year, National Pro Bono Week celebrates the pro bono work of lawyers, paralegals, and law students. Pro bono legal services—which come at no cost—are integral for many people otherwise left...

  • Blog

ICE Makes It Almost Impossible for People to Make Phone Calls from Detention Centers, Even in a Pandemic

August 27, 2020

Communication with the outside world is crucial for people in jail. This includes individuals facing deportation while detained in immigration detention centers, who do not have the right to court...

  • Blog

ICE Faces Lawsuit Over Blocking Phone Access to Detainees

May 4, 2020

A free phone call can mean the difference between a fair day in court and being deported to harm—or worse—for individuals held in immigration detention centers. Immigrants may not be able to meet...

  • 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...

  • 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...

  • Blog

Pennsylvania Should Widen Access to Justice for People in Immigration Detention

October 11, 2019

People in immigration detention who are represented by an attorney are more likely to receive a positive outcome in immigration court than those that face judges alone. Unfortunately, people who...

  • Press Release

130+ Groups Release Top Five Immigration Priorities for Biden Administration’s Next Budget

August 17, 2021
As the Biden administration begins crafting next year's budget, 131 organizations published a statement for the Biden administration outlining the top immigration priorities that must be included in the country’s budget for Fiscal Year 2023.
  • Press Release

ICE Settles Case Challenging Interference with Legal Representation at Dilley

August 16, 2017
The parties in Dilley Pro Bono Project v. ICE have reached a settlement that ensures access to mental health evaluations for certain detained mothers and children seeking asylum.
  • Press Release

Coercion and Intimidation of Detained Mothers and Children Must Stop

September 30, 2015

Today, Catholic Legal Immigration Network (CLINIC), the American Immigration Council, Refugee and Immigrant Center for Education and Legal Services (RAICES), and the American Immigration Lawyers As

  • Press Release

Groups Sue Federal Government over Failure to Provide Legal Representation for Children

July 9, 2014
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 legal representation as it carries out deportation hearings against them.
  • Press Release

Court Says ICE Failed to Satisfy FOIA Requirements in Council’s Suit to Compel Disclosure of Records on Access to Counsel

April 12, 2013

Court Says ICE Failed to Satisfy FOIA Requirements in Council’s Suit to Compel
Disclosure of Records on Access to Counsel

  • Press Release

Federal Judge Orders USCIS to Release Records on Access to Counsel

November 29, 2012

This week, a federal district court issued an opinion highly critical

  • Press Release

Warrantless Arrests and the Timing of Right to Counsel Advisals

November 2, 2012

Challenging Matter of E-R-M-F- & A-S-M-:
Warrantless Arrests and the Timing of Right to Counsel Advisals

  • Press Release

USCIS Takes Steps to Improve Noncitizens’ Access to Legal Counsel

January 19, 2012

Washington D.C. – During its nine-year history, issues have arisen with respect to restrictions on counsel by the Department of Homeland Security’s immigration age

  • Comments

Comment on Procedures for Credible Fear Screening and Consideration of Asylum

May 26, 2022
The Council submitted a comment urging the Biden administration to reconsider the expedited timeframe in the interim final rule that will significantly hinder asylum seeker access to due process.
  • Fact Sheet

The Institutional Hearing Program: An Overview

November 29, 2021
The Institutional Hearing Program permits immigration judges to conduct removal proceedings for noncitizens serving criminal sentences in certain correctional facilities.
  • Letters

Coalition calls on Congress to Fund Appointed Counsel in Immigration Proceedings

November 18, 2021
The American Immigration Council joined a coalition letter asking Congress to support funding for appointed counsel for immigration proceedings for Fiscal Year 2022.
  • Blog

Department Of Justice Urges Immigration Courts to Help Make Pro Bono Representation Easier

November 11, 2021

Research has long shown that access to a lawyer is one of the most important factors that determines whether an immigrant in removal proceedings will be able to remain in the United States. A new...

  • FOIA Litigation

Council Sues to Press for Records About the Treatment of Black Immigrants in Detention

This FOIA suit seeks to compel ICE to release information about conditions, treatment, and outcomes in eight immigration detention facilities in the U.S. South.
  • Letters

Council Advocates for Meaningful Access to Legal Representation in Immigration Detention

October 29, 2021
The American Immigration Council and the American Civil Liberties Union (ACLU) advocated for attorney access in immigration detention facilities in a letter sent a letter to DHS and ICE.
  • Blog

New Illinois Law Allows Public Defenders to Represent Immigrants Facing Deportation

September 2, 2021

Illinois Governor J.B. Pritzker signed a law in August that would allow the Cook County Public Defender to represent immigrants in the Chicago immigration court. The law is part of a movement to...

  • Press Release

130+ Groups Release Top Five Immigration Priorities for Biden Administration’s Next Budget

August 17, 2021
As the Biden administration begins crafting next year's budget, 131 organizations published a statement for the Biden administration outlining the top immigration priorities that must be included in the country’s budget for Fiscal Year 2023.
  • Advocacy

Coalition Outlines Immigration Priorities for a Just Budget in Fiscal Year 2023

August 17, 2021
The Council and more than 130 organizations urged the Biden administration to redirect government funding for fiscal year 2023 away from draconian enforcement measures and invest in legal services...
  • Letters

Coalition Letter Expresses Concerns About the Housing of Support Services Within ICE

July 16, 2021
The Council responded to ICE's Request for Information for a National Case Management Program, expressing concern that ICE's management of the program would be a conflict of interest.

Most Read

  • Publications
  • Blog Posts
  • Past:
  • Trending