OPINION: Those in Immigration Court Should Be Provided Legal Assistance Regardless of Ability to Pay

It’s a common scene in any episode of Law & Order: the detective puts the suspect’s wrists in handcuffs while reciting: “You have the right to remain silent, anything you do or say can be used against you in a court of law; you have the right to an attorney, if you cannot afford an attorney, one will be provided to you.” (Emphasis mine.) The recognizable “DUN DUN” then gongs as the show goes to a commercial break. It’d be natural to assume, then, that people in all kinds of legal proceedings should have an attorney provided to them, regardless of their ability to pay. In immigration court, however, this is not always the case, as a recent ruling by the 9th Circuit Court of Appeals made clear.

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The Nation: “The Airport Lawyers Who Stood Up to Trump Are Under Attack”

The Northwest Immigrant Rights Project (NWIRP), a Seattle nonprofit that offers legal aid to immigrants facing deportation and a group that was at the forefront of fighting President Trump’s Muslim travel ban, is facing disciplinary action from Jeff Sessions’s Department of Justice (DOJ). Four weeks ago, the DOJ issued a cease and desist letter demanding that the nonprofit group drop representation of their current clients and shut down their asylum-advisory program. The DOJ accused NWIRP of breaking a rule that was originally created in order to prevent attorney misconduct and protect people from lawyers or “notarios” who take their money, but ultimately drop their case. (We’ve previously written about “notarios” and other scams that immigrants face.)

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Why Do an Immigration Consultation?

“Why do I need a consultation?” is a question we’re often asked. And we understand. Many prospective clients are eager to get started on their case or want a fee quote over the phone right away or just want “five minutes of your time” to ask this one question about a visa their friend has, and are unsure how a paid consultation helps them. But consultations are an essential part of the overall legal process for both prospective clients and attorneys.

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