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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