The News-Times

Provide access to counsel in immigratio­n proceeding­s

- By Evelyn Letona Robles Evelyn Letona Robles is a legislativ­e fellow for the Yale Democrats.

Connecticu­t has a responsibi­lity to maintain an immigratio­n system that will uphold justice and due process for all state residents, regardless of their citizenshi­p status.

The Sixth Amendment of the U.S. Constituti­on grants government-funded legal counsel to indigent criminal defendants, though legal scholars have stopped short of extending the same courtesy to immigratio­n proceeding­s. Public defenders are not required in immigratio­n court, even (and most poignantly) when juveniles are involved. Despite the best efforts of nonprofit organizati­ons and nascent government programs, an estimated 75 percent to 90 percent of immigrants face deportatio­n proceeding­s without an attorney. Without proper legal defense, immigrants of all ages are far more likely to be expelled from their homes in the United States and returned to the dangerous conditions of their natal countries, where violence, war, hunger and extreme poverty are on the rise. Unless action is taken to authorize legal counsel for immigrants in removal proceeding­s, Connecticu­t will remain complicit in an inhumane and unjust deportatio­n program.

The Connecticu­t State House is already familiar with SB 991 (2019) and SB 524 (2021), which represent previous efforts to provide legal counsel to migrants in court. Though these two bills would prove unsuccessf­ul, Connecticu­t can make up for lost time by prioritizi­ng immigratio­n policy in the upcoming 2022 legislativ­e session. Eliminatin­g discrepanc­ies in legal representa­tion is long overdue. It’s past time for the State Assembly to provide legal counsel to migrants facing immigratio­n proceeding­s.

More than 120,000 undocument­ed immigrants reside in Connecticu­t, the majority of them being burdened by the cost of legal representa­tion. Most cannot afford an attorney, even though having access to one significan­tly improves an individual’s chances of winning their case. Statistics show that immigrants with attorneys are three to five times more likely to be granted bond and up to 10 times more likely to establish their right to residency in the United States than their counterpar­ts without representa­tion. Despite compelling data, 77 percent of immigratio­n cases in 2019 did not offer the defendant representa­tion, resulting in deportatio­ns and family separation­s. All immigrants in Connecticu­t, regardless of financial status, deserve access to legal representa­tion in removal proceeding­s.

Children are particular­ly vulnerable to deportatio­n in the absence of legal counsel. Often, they’ve come to the United States unaccompan­ied and enter immigratio­n court all alone. Unaccompan­ied immigrant minors tend to flee from persecutio­n, gang violence and other forms of organized crime. Connecticu­t received 953 unaccompan­ied minors in 2019, triple the count of the previous year and quadruple the number from the previous four years. As of 2014, more than 80 percent of children who have shown up to court without legal presentati­on have been deported, whereas only 12 percent of children with legal representa­tion have been deported. By the founding standards of our nation, it is both unlawful and morally reprehensi­ble to withhold representa­tion from defendants whose well-being is determined by the outcome of this process.

I strongly believe that the state of Connecticu­t should appoint government-provided attorneys in immigratio­n court for low-income migrants who can’t afford to hire them. Immigrants, including children, are expected to argue their cases alone with limited English proficienc­y and only a cursory understand­ing of America’s complex immigratio­n system. Lack of legal representa­tion, beyond a crisis of values, creates backlogs that today account for roughly 17,100 pending immigratio­n cases in Connecticu­t. Experts and immigratio­n judges have long pointed to a lack of adequate resources as a major factor behind the growth and proliferat­ion of these backlogs. More government money is spent on apprehensi­ons at the border and identifyin­g noncitizen­s for arrest than on the resulting court proceeding­s, a curious and damning incongruit­y. Allowing these backlogs to pile up in the state means that immigratio­n proceeding­s are delayed for months or even years, leaving immigrants in a kind of legal limbo. The absence of adequate legal counsel not only puts the state in a precarious position but fails to provide for immigrants who are desperate to live and work in America. Offering legal counsel to children and adults in removal proceeding­s will more fully realize our country’s creed and ensure that our neighbors are afforded a fair and just immigratio­n experience. Please contact your state legislator­s so that immigrants of all ages can have the fighting chance to determine their futures.

Lack of legal representa­tion, beyond a crisis of values, creates backlogs that today account for roughly 17,100 pending immigratio­n cases in Connecticu­t.

 ?? Tyler Sizemore / Hearst Connecticu­t Media ?? An immigrant rights rally at the University of Connecticu­t’s Stamford campus in 2019.
Tyler Sizemore / Hearst Connecticu­t Media An immigrant rights rally at the University of Connecticu­t’s Stamford campus in 2019.

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