Key facts
- 52% of pending deportation cases in U.S. immigration courts lack legal representation.
- Only 19% of unrepresented individuals win asylum, compared to 47% with a lawyer.
- Immigrants are not provided with a government-funded attorney in immigration court.
- The California Immigration Project offers volunteer legal assistance.
- Some immigrants have been scammed by individuals posing as lawyers.
In U.S. immigration courts, a significant number of individuals facing deportation lack legal representation, a situation that drastically reduces their chances of successfully navigating the complex legal system. Kamalpreet Chohan, coordinator for a program offering volunteer legal aid, highlighted the issue in Sacramento, where many individuals in court hearings were unrepresented.
Data from the Vera Institute of Justice indicates that 52% of the approximately 3.2 million pending deportation cases involve individuals without lawyers. A 2024 study by the Congressional Research Service found that only 19% of unrepresented immigrants won their asylum cases, compared to 47% of those with legal counsel. This disparity underscores the critical role attorneys play in securing a future in the U.S. or facing deportation.
Unlike criminal proceedings, immigration courts do not guarantee legal representation. Immigrants must either afford private attorneys, which can cost thousands of dollars, or rely on overburdened nonprofit organizations. Chohan noted that many immigrants are also vulnerable to scams by individuals posing as lawyers, who take their money without providing any legitimate assistance.
Chohan's program, affiliated with the California Immigration Project, aims to fill this gap by providing vetted, pro bono legal assistance. Judge Susan Phan acknowledged the rarity and value of such volunteer services during court proceedings, encouraging immigrants to utilize the opportunity. Chohan spends her time consulting with individuals, reviewing their cases, and assisting with detailed asylum applications, which are crucial for a favorable outcome.