Legal Standards, Not Income, Should Decide Outcomes of Immigration Proceedings; New Report Makes Case to Increase Counsel for Immigrants

Making legal counsel more widely available to immigrants in removal (deportation) proceedings could increase efficiency, speed and fairness in America's court system, as well as save the government money, concludes a report released today by the Migration Policy Institute. The report by the Washington, D.C.-based think tank finds striking discrepancies in the outcomes of immigration proceedings, including more favorable outcomes for immigrants who secure legal counsel. Among the key findings of "Revisiting the Need for Appointed Counsel," by Donald Kerwin, executive director of the Catholic Legal Immigration Network, Inc. (CLINIC), are statistics from the Executive Office for Immigration Review showing: In 2003, more than half of non-citizens facing deportation (52 percent) lacked legal counsel. Represented, non-detained immigrants secured relief in more than a third of their cases (34 percent) in contrast with less than one-fourth (23 percent) of unrepresented immigrants. Disparities in outcomes are more pronounced in political asylum cases. While 39 percent of non-detained asylum seekers who were represented received asylum, only 14 percent of those who were not represented did. For asylum seekers who were detained, 18 percent of those represented were granted asylum, compared with only three percent of those who did not have counsel. The MPI report makes the case for increasing legal representation for immigrants who cannot afford it, observing that this would not only benefit immigrants in deportation proceedings (particularly those in detention), but would also promote consistent legal decision-making by the courts. [more]