Government-funded legal representation for noncitizens to provide deportation defense is growing common in the United States. The use of public funds to pay attorneys from legal aid groups to represent migrants is already happening in certain cities and states. With immigration policy reform seemingly stalled in Washington D.C., a federal program seems unlikely at best. However, as more local jurisdictions are allocating funds, availability is expanding.

Individuals with immigration matters are not provided legal representation, unlike federal criminal defendants. As such, deportation cases rely on nonprofit legal aid groups. Resources are stretched thin and many individuals who need an attorney are simply unable to access or afford one. Local governments work with legal aid groups to provide representation, using limited taxpayer dollars to compensate the attorneys. Without them, the individual faces trained government attorneys with no support.

New York City started a pilot program in 2013. Subsequently, cities and counties across the United States have implemented similar programs. In April 2022, San Diego became the first border county in the country to start a publicly funded program to provide deportation defense to qualifying individuals. In May 2022, Los Angeles kicked off their offering, providing free legal counsel to individuals facing deportation charges.

Advocates of immigration reform are hoping to see this trend expand to the state level. To that end, both Colorado and Nevada passed bills in 2021 to provide some state funding for deportation defense. The state of New York is considering a bill, the Access to Representation Act, to provide free legal representation to anyone who can’t afford an attorney who has a deportation matter. Other models are being considered below the federal level.

A group of legal aid organizations formed the Midwest Immigrant Defenders Alliance (MIDA). The organization works with the Cook County public defender’s office and is already providing legal representation to individuals in the Chicago and Cook County court systems.  The group gives noncitizens free legal counsel one day per week in the Chicago immigration court that hears cases from Wisconsin, Kentucky, and Indiana. A task force established by the state of Illinois is reviewing the option to create a statewide deportation defense initiative.

However, unless a federal program is established, gaps in representation will occur. As such, the sheer fact that where the individual resides can factor into the outcome of the matter. The Biden administration has voiced support for programs providing legal representation for deportation matters. The U.S. Department of Justice asked immigration judges to support pro bono work. In addition, a recent budget proposal from the Biden administration sets aside $150 million to provide access to legal representation for immigration courts with the option to establish the program for an additional 10 years. However, given the current gridlock, immigration policy updates continue to face, the outlook is mixed at best.

If you have questions about deportation or any immigration-related matter, contact us at ILBSG. We actively monitor ongoing proposed policy changes and programs to ensure our clients get the right advice.

Deportation