Undocumented Immigrants Are Lawyering Up: Majority of immigration cases involve legal representation

National Journal ^ | 04/22/2014 | Elahe Izadi

[SeekAndFind]

The majority of immigration court cases in 2013 involved immigrants who had legal representation, a reversal from five years ago, according to new data from the federal government.

In 2013, 59 percent of those in immigration proceedings had legal representation—that's a big jump from 2009, when just 39 percent had lawyers. In 2012, a very slim majority of cases had clients with no legal representation. Those figures come from the 2013 statistical yearbook from the Executive Office for Immigration Review, or EOIR, which is part of the Justice Department.

Nearly all new cases that came to immigration courts last year were deportation cases. Click through this graphic to see how legal representation in new immigration cases changed over the past five years:

So, what happened? A number of factors are at play.

For one, the government has done more to help connect the undocumented with pro bono resources, particularly the EOIR working with third-party groups. For instance, Health and Human Services has funded the coordination of pro bono representation of juveniles in immigration proceedings. New programs, such as the creation of the Legal Orientation Program for Custodians in 2012, help educate adult custodians of undocumented children and connect them to representation. And EOIR has a recognition and accreditation program to give low-income undocumented immigrants access to reputable and legitimate legal representation.

But, also, the nature of immigration cases has shifted over the past few years. Executive actions and administrative directives have changed and highlighted the ways some undocumented immigrants can seek relief from deportation proceedings. In 2011, then-Director of U.S. Immigration and Customs Enforcement John Morton formalized prosecutorial discretion, which directed immigration officials to take mitigating factors into consideration, such as how long a person has been in the U.S.

[molson209]

When a country no long has control of it’s borders and can’t deport non-citizens ,it stops being a country

[jsanders2001]

Question: Who is paying their lawyer and court fees?

[Gaffer]

My guess is the United States Department of Justice.

[SeekAndFind]

RE: Question: Who is paying their lawyer and court fees?

FROM THE ARTICLE:

... the government has done more to help connect the undocumented with pro bono resources, particularly the EOIR working with third-party groups. For instance, Health and Human Services has funded the coordination of pro bono representation of juveniles in immigration proceedings. New programs, such as the creation of the Legal Orientation Program for Custodians in 2012, help educate adult custodians of undocumented children and connect them to representation. And EOIR has a recognition and accreditation program to give low-income undocumented immigrants access to reputable and legitimate legal representation.

[indthkr]

"majority of immigration cases involve legal representation"

Of course they do.

It shouldn't be a surprise that a huge source of campaign donations and lobbying dollars for amnesty and H1B legislation come from US immigration attorneys and their investment interests.

Follow the $$.

[Brad from Tennessee]

The lawyers are funded, at least partially, by U.S. taxpayers.

http://cis.org/LegalServicesCorporation-FederalFundingImmigrantActivists

[Vaduz]

Health and Human Services has funded the coordination of pro bono representation of juveniles in immigration proceedings.

Your tax dollars at work so much for the rule of law.

[Buckeye McFrog]

Let the immigrants stay, deport the lawyers?

[dennisw]

When a country no long has control of it’s borders and can’t deport non-citizens ,it stops being a country

Just the way the Dems like it. They are importing a new electorate to replace you. One that votes for gimmes and votes 80% Democrat

[jsanders2001]

I already knew the answer. I just wanted someone other than myself to drive the point home...: )

[Iron Munro]

Leave it to the lawyers, in and out of government, to turn the enforcement of a simple, clear cut law into another swamp of extended litigation with the taxpayer footing the bill for their outlandish fees.

Shakespeare had their number 400 years ago.

[the_daug]

Getting, Lawyers is generally a good idea. I use to get people for work from job service in the nineties whose papers looked phony as I had to fill out their I9’s. It did no good to complain to Job service because they would threaten to start a EEOC investigation. It was our Government that caused this mess and they had the ability find the people being paid wages by checking quarterly tax payments businesses made and did not. I don’t fault the immigrants; it is better here than the hell holes they came from and they knew our government was doing nothing to find them. Even local government learned not to do anything because immigration would not get the illegals or release them after picking them up. Now a certain set conservatives make politicians fall on the sword perceived anti immigration and wonder why they can’t win elections.

[Eagles6]

Yep and the GOPe does...nothing.