Blazing a Trail: The Fight for Right to Counsel in Detention and Beyond

Making the right to counsel a reality is an imperative for all immigrants in removal proceedings, but the situation is even more critical for detained immigrants. As this report shows, the very circumstances of detention make that right a legal fiction for almost all detained immigrants.

Published Mar 1, 2016

The federal government has long interpreted the immigration laws to mean that immigrants have a right to be represented by counsel in their deportation proceedings, but not at government expense. Making the right to counsel a reality is an imperative for all immigrants in removal proceedings, but the situation is even more critical for detained immigrants. As this report shows, the very circumstances of detention make that right a legal fiction for almost all detained immigrants. Mounting empirical data show that having a lawyer to help navigate the complex maze of the immigration detention and court systems makes a profound difference in a person’s ability to gain release from detention, challenge the government’s grounds for seeking their deportation, and present and win a defense that allows the person to remain in the U.S.

Innovative projects in New York and New Jersey have begun to provide what we are calling in this report “universal representation,” i.e., representation to any detained immigrant within the jurisdiction of a particular immigration court who does not have a private lawyer and who meets certain income requirements. Inspired by these examples, other localities across the country are examining how they can develop similar programs.

Read More
Related
NILC v. ICE

NILC v. ICE

This FOIA lawsuit challenges ICE's failure to produce records related to the administration's alarming increase in unlawful removals of people with pending immigration cases, stays of deportation, and court ordered...

Last update: Jul 15, 2026

How States Are Fighting Back Against Trump’s Mass Deportation Machine

How States Are Fighting Back Against Trump’s Mass Deportation Machine

Published Jul 9, 2026 This report captures pro-immigrant state laws enacted in 2025 and bills signed in the first five months of 2026 to address immigration enforcement.

Green Card Holders: Know Your Rights & Risks During the Second Trump Administration

Green Card Holders: Know Your Rights & Risks During the Second Trump Administration

Updated Jul 8, 2026 This guide helps Green Card Holders understand the law, their rights, and how to lower risk and make a safety plan.

Community Alert: Immigration Arrests at Airports

Community Alert: Immigration Arrests at Airports

Updated Jul 8, 2026 This resource provides travel safety tips and other resources for immigrants traveling through U.S. airports.