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Accessing Justice: The Availability and Adequacy of Counsel Removal Proceedings (New York Immigrant Representation Study Report: Part 1)

December 28, 2011 Comments off

Accessing Justice: The Availability and Adequacy of Counsel Removal Proceedings (New York Immigrant Representation Study Report: Part 1) (PDF)
Source: Cardozo Law Review

The problem is not a new one. For generations, immigrants facing the gravest of consequences—banishment from their homes and families—have been forced to face government attorneys in complex adversarial proceedings, unaided by legal counsel. The scale of the problem has, however, grown enormously in recent years as the annual rate of deportations has skyrocketed and the government has increasingly relied on detention as a mechanism to ensure immigrant attendance at removal proceedings. 109 The readily available national data—with 43% of immigration proceedings occurring without representation annually—is enough to alert us that this perennial problem has developed into a modern immigrant representation crisis. In order to begin to reverse the trend, however, we need to know much more than what this national snapshot has told us. The data set forth in this Report provides, for the first time, the type of detailed and nuanced analysis of the immigration representation crisis necessary to do more than wring our hands at the injustice. We now have the knowledge to begin intelligently addressing the problem.

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