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 MoreBenefits for Immigrant Survivors of Trafficking, Domestic Violence, and Other Serious Crimes in California
Updated Oct 6, 2026 This resource reviews the two categories of immigrants covered by California's SB 1569 (trafficking survivors and U visa applicants/holders), the benefits they may receive, and what they need to show in order to get these benefits. Originally...
CLINIC v. Rubio
This lawsuit challenges the Trump administration’s sweeping suspension of immigrant visa processing for people from 75 countries.
Last update: Oct 1, 2026