No more deportation without representation - New York News

No more deportation without representation

Updated:

By: Mercedes White, Deseret News

One provision of the Senate's 844-page immigration reform bill is the provision that for the first time, the U.S. government would voluntarily provide a free lawyer to an immigrant in deportation proceedings. Currently, the bill only provides lawyers to certain subgroups: the mentally disabled, children and "particularly vulnerable."

This provision, according to Slate writer Mark Noferi, is perhaps the most groundbreaking part of the bill. Though the right isn't guaranteed for everyone, "the seeds are there for the broader right to counsel for detained immigrants that criminal defendants have received for 50 years," Noferi wrote.

"Congress should provide (legal representation)," he said. "Immigrants who are detained and awaiting hearings cannot adequately represent themselves while jailed. And while other parts of immigration reform are hugely controversial, providing lawyers to detainees would be a surprisingly easy sell politically, if history is a guide."

A study by Judge Robert Katzmann of the U.S. Court of Appeals for the 2nd Circuit examined the scope of what he calls the “immigrant representation crisis.” He cites data suggesting that while some detainees are able to hire legal representation to find someone to help them for free, 84 percent have to go it alone.

Stuck in remote detention facilities with a life in America at stake, detainees must argue a deportation hearing on their own - in English, far from family who might find documents or witnesses, against trained government lawyers interpreting complex statutes, wrote Noferi.

Given these circumstances, Noferi says it should come as no surprise that Katzmann's study found 97 percent of detainees without lawyers lost their cases, while 74 percent of immigrants who were detained and had counsel succeeded.

An argument against this proposal is the cost to taxpayers. Noferi counters that providing legal representation for detainees may actually be the most financially responsible thing the government can do. "The lawyers most likely pay for themselves by increasing the efficiency of immigration courts, reducing time spent in costly detention and lowering the cost of caring for children separated from their parents. Detention of one immigrant costs nearly $60,000 per year - about the cost of one lawyer, who could help hundreds escape detention and fight deportation. That’s money much better spent."

Original post

Copyright 2013 Deseret Digital Media, Inc.

  • Local NewsLocal NewsMore>>

  • Temperature drops; snow moves in

    Temperature drops; snow moves in

    Wednesday, April 16 2014 6:15 AM EDT2014-04-16 10:15:30 GMT
    Fox 5 photoFox 5 photo
    Temperatures are below average for the remainder of the week. The mild weather made an exit in the Tristate region and snow moved in late Tuesday into Wednesday. Scattered showers, heavier rain, thunderstorms, and strong winds made a return. 
    Temperatures are below average for the remainder of the week. The mild weather made an exit in the Tristate region and snow moved in late Tuesday into Wednesday. Scattered showers, heavier rain, thunderstorms, and strong winds made a return. 
  • Push to save historic NJ baseball stadium

    Push to save historic NJ baseball stadium

    Wednesday, April 16 2014 6:08 AM EDT2014-04-16 10:08:26 GMT
    Volunteers are working to help save one of the only stadiums still in existence where black professional baseball teams once played. Hinchliffe Stadium in Paterson was once home to the New York Black Yankees, the New York Cubans and other Negro League teams. Eleven members of the National Baseball Hall of Fame played there, including Larry Doby.
    Volunteers are working to help save one of the only stadiums still in existence where black professional baseball teams once played. Hinchliffe Stadium in Paterson was once home to the New York Black Yankees, the New York Cubans and other Negro League teams. Eleven members of the National Baseball Hall of Fame played there, including Larry Doby.
  • Robert De Niro says Tribeca Film Festival is his passion

    Robert De Niro says Tribeca Film Festival is his passion

    Tuesday, April 15 2014 10:47 PM EDT2014-04-16 02:47:46 GMT
    Robert De Niro is a family man, a filmmaker, an entrepreneur and one of my favorite actors of all time. He's also a co-founder of the Tribeca Film Festival, which has more to see than ever before. De Niro wears just as many hats on screen as he does in real life. The father of six starred in six films last year, owns four restaurants and a hotel, and still finds time each spring for the Tribeca Film Festival, Lower Manhattan's annual cinematic showcase.
    Robert De Niro is a family man, a filmmaker, an entrepreneur and one of my favorite actors of all time. He's also a co-founder of the Tribeca Film Festival, which has more to see than ever before. De Niro wears just as many hats on screen as he does in real life. The father of six starred in six films last year, owns four restaurants and a hotel, and still finds time each spring for the Tribeca Film Festival, Lower Manhattan's annual cinematic showcase.
Powered by WorldNow
Didn't find what you were looking for?
All content © Copyright 2000 - 2014 Fox Television Stations, Inc. and Worldnow. All Rights Reserved.
Privacy Policy | Terms of Service | Ad Choices