The landscape of immigration court representation is undergoing significant changes, and recent data from Syracuse University’s Transactional Records Access Clearinghouse (TRAC) sheds light on a concerning trend. As of December 2023, only 30% of immigrants facing pending cases have managed to secure legal representation, marking a substantial decline from the 65% reported just four years ago.
TRAC’s findings emphasize the growing complexity immigrants face in navigating the immigration court system without legal guidance. Despite federal law granting immigrants the right to legal representation, only those who can bear the financial burden or secure pro bono assistance can avail themselves of this crucial support. The significance of legal representation becomes evident in removal proceedings, where immigrants not subject to immigration detention are five times more likely to achieve a favourable outcome when represented by an attorney.
The surge in pending cases before immigration courts, soaring from 344,230 in 2013 to over 3.2 million today, underscores the challenges stemming from policy shifts, resource limitations, increased immigration enforcement, and pandemic-related disruptions. The recent influx of approximately 1.5 million newly filed cases in the past year intensifies concerns about whether the supply of immigration attorneys can meet the escalating demand from asylum seekers.
This backlog issue holds particular significance for Democrat-led cities and states, such as Maine, New York, Illinois, Massachusetts, and Colorado, grappling with an influx of recently arrived migrants seeking assistance. Despite calls from mayors and governors for additional federal funding and coordination, the Biden administration’s efforts have been constrained by Senate negotiations on border policy changes and funding related to global conflicts.
President Biden’s request for $14 billion in supplemental funding, including support for nonprofits, local and state governments aiding newly arrived migrants, and the hiring of 375 new immigration judges, remains pending in Senate negotiations. The termination of Title 42 has shifted all migrants to processing under Title 8, necessitating attention to the legal needs of those released with a notice to appear in immigration court.
With the burden of providing legal services to low-income immigrants falling largely on civil society, and local, and state governments, around 40 states and localities have initiated legal representation programs. However, the scope of these services is often limited, leaving many in need without support. TRAC’s report highlights the lack of transparency from the Executive Office for Immigration Review regarding the location and number of practising immigration attorneys, making it challenging to assess the overall impact of existing programs and understand the evolving landscape.
TRAC’s data underscores the urgent need for comprehensive efforts to ensure all immigrants have access to the legal representation necessary for navigating the complexities of the U.S. immigration system successfully.
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