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
Tell the Trump Administration You Don’t Want Increased Data Collection from Immigrants for Surveillance and Enforcement

Tell the Trump Administration You Don’t Want Increased Data Collection from Immigrants for Surveillance and Enforcement

Sarah Krieger

Published Jun 10, 2026 Updating an address should not require people to share unrelated personal and financial information with the federal government. Public comment is open until July 6 to oppose the change to Form...

Dignified Health Care Shouldn’t Stop With ICE Detention

Dignified Health Care Shouldn’t Stop With ICE Detention

Matthew Lopas and Jennifer Whitlock

Published Jun 9, 2026 Health care workers and advocates deserve tools that can help them navigate the rising presence of ICE in hospitals, which is why we put together our new resource: Advocating on Behalf of Patients in Immigration Custody....

New NILC Resource Helps Medical Staff Advocate for Patients in Immigration Custody

New NILC Resource Helps Medical Staff Advocate for Patients in Immigration Custody

Published Jun 9, 2026 The National Immigration Law Center (NILC) published new guidance today for hospitals and clinics caring for patients in immigration custody, a challenge that medical staff are increasingly facing as a result of the Trump administration’s...

Advocating On Behalf of Patients in Immigration Custody: A Resource for Health Care Providers and Medical Staff

Advocating On Behalf of Patients in Immigration Custody: A Resource for Health Care Providers and Medical Staff

Published Jun 9, 2026 This resource provides guidance for health care professionals on how to advocate and care for their patients with ICE and CBP agents present.