Read the report: Immigrants in deportation not getting adequate legal assistance

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A new report from the Benjamin N. Cardozo School of Law in New York details a troubling finding: Of the immigrants being represented by attorneys in deportation proceedings, a large percentage aren’t getting what even judges consider adequate representation.

Titled “Accessing Justice,” the study from the law school at Yeshiva University in Manhattan takes in immigration cases in New York, with input from the judges who hear these cases. From a New York Times story:

Immigrants received “inadequate” legal assistance in 33 percent of the cases between mid-2010 and mid-2011 and “grossly inadequate” assistance in 14 percent of the cases, the judges said.

They gave private lawyers the lowest grades, while generally awarding higher marks to pro bono counsel and those from nonprofit organizations and law school clinics.

While only New York cases were examined, the study’s implications apply to the immigration caseload in similarly large cities like Los Angeles, where immigrants are subject to predatory representation not only from unscrupulous attorneys who may not have the necessary background, but from unqualified non-lawyer notaries. From the report introduction:

Compounding the lack of legal entitlement to appointed counsel are the distinctive characteristics of the population facing removal: a relative lack of familiarity with the legal system; lack of financial resources; language barriers; and general susceptibility to unscrupulous lawyers. In addition, immigrant representation, to date, has not been considered to be within the mandate of the various governmental and institutional actors that would otherwise be responsible for providing indigent civil legal services. As such, we now find ourselves in a place where no sizeable entity – government or otherwise – views providing or funding removal-defense services as its primary responsibility.

The entire report can be viewed here.

  • Anonymous

    If the lawyers illegal aliens hire to represent them are inadequate, the illegal alien should hire a better lawyer.  This is not the responsibility of the American citizen to hire attorneys dedicated to helping illegal aliens to shaft Americans and their country.

  • Fisherjack52

    Amen!

  • Anonymous

    The New York immigration court, where this study was done, is an amnesty haven among immigration courts, with 72-28% ratio of those allowed to stay in the US versus those ordered deported. They often don’t leave even then. Imagine if everyone had a lawyer that made it even easier for these judges to undermine our immigration laws.

    Lawyers are not necessarily helpful for justice as an expression of the immigration laws at issue. They are simply advocates for their clients, whether or not the outcomes are just. Their main talent is to extend proceeding indefinitely which keeps people in the country and that is a reward in itself.

    Furthermore the Obama administration is about to simply take many of these cases that have gone on for years, that are near to or have finally concluded that these people should leave the country and instead of seeing that through, give them legal status.