Today I was in court, and the judge was frustrated because she had an entire room of people without attorneys who didn’t know the complicated and nuanced procedures of immigration court. And this was just a basic scheduling hearing, let’s not even get to complicated final hearing where pro se respondents are expected to make complicated legal arguments they don’t know, utterly reliant on an (oftentimes unfriendly) judge and (oftentimes unqualified) interpreter.
Universal representation doesn’t mean everyone will win their case. But it means people won’t lose their case because they lack the legal knowledge to represent themselves. I cannot reiterate how complicated immigration law, in particular asylum law, is. I’ve been practicing mostly asylum law for eight years and the law is constantly changing. It can be difficult for attorneys to keep up, much less persons who had to flee, lack resources, and do not speak English. Losing an immigration court case means deportation. That can be catastrophic and deadly. We should be creating a system of universal representation and due process.
Additionally, this will help the inefficiencies that are rampant in immigration court. Judges who are frustrated at the pro se respondents who don’t properly file documents (a process not intuitive or easy, especially here in the NYC courts), who don’t understand the complicated legalese the judges speak in regardless of their audience will be able to move through hearings far quicker with attorneys.
Everyone facing deportation and its devastating consequences needs access to high-quality, independent legal representation.
Since the Fairness to Freedom campaign launched last May, the number of people in immigration court facing deportation has increased from 2.1 million to 3 million. It is critical that Congress pass the Fairness to Freedom Act. The legislation will save lives, support immigrant communities and keep families together.
Everyone regardless of their immigration status deserves their fair day in court. We will not stop fighting until everyone facing deportation has a chance at fairness. Learn more about the #FairnessToFreedomAct and why #UniversalRepresentation is needed, effective, supported, and achievable: https://lnkd.in/gyzuNqKw
#FairnessToFreedom #UniversalRepresentation #ImmigrantsRights #ImmigrantsRightsAreHumanRights
Public Safety Attorney, Law Enforcement Executive, and Risk Manager - My opinions are my own.
6moMost of them could avoid the "devastating consequences of deportation" by not entering the United States illegally.