Legal Standards, Not Income, Should Decide Outcomes of Immigration Proceedings; New Report Makes Case to Increase Counsel for Immigrants
Friday, April 22, 2005 at 05:45PM
TheSpook
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]
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