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1 1 (July 6, 2022)

handle is hein.crs/govehmj0001 and id is 1 raw text is: Congressional Research Service intorming the iegiative debate since 1914 0 July 6, 2022 U.S. Immigration Courts: Access to Counsel in Removal Proceedings and Legal Access Programs Immigration courts are within the Department of Justice's Executive Office for Immigration Review (EOIR). During removal proceedings in immigration courts, immigration judges (IJs) determine whether noncitizens (respondents) charged with an immigration violation by the Department of Homeland Security are removable and, if so, whether they qualify for relief from removal, such as asylum. Removal proceedings are conducted under Section 240 of the Immigration and Nationality Act (INA). INA Section 240(b)(4) states that respondents shall have the privilege of being represented, at no expense to the Government, by counsel of the alien's choosing who is authorized to practice in such proceeding. That is, respondents may obtain counsel at their own expense or pro bono; the federal government generally may not provide counsel. Authorized Representatives EOIR is required to provide respondents with a list of free or low-cost legal service providers (8 C.F.R. §1003.61(b)). Persons eligible to represent respondents in immigration court, specified in 8 C.F.R. §1291.1, include * attorneys registered to practice with EOIR; * accredited representatives registered to practice with EOIR (explained below); * U.S. law students and graduates not yet admitted to the bar appearing under the supervision of a faculty member, licensed attorney, or accredited representative; * reputable individuals of good moral character, with a pre-existing relationship to the respondent, appearing without remuneration; and * accredited officials of foreign governments who are in the United States. Otherwise, unrepresented individuals represent themselves in court (pro se appearances). Recognition & Accreditation (R&A) Program Non-attorneys can become accredited representatives through EOIR's R&A program and provide legal services through nonprofit, tax-exempt recognized organizations. EOIR states the program aims to increase the availability of competent immigration legal representation for low- income and indigent persons, thereby promoting the effective and efficient administration of justice. Rats o Reres ninand Rehief As of FY2022, Q1, approximately 53% of all respondents with pending cases had representation. The proportion of represented respondents has generally decreased since FY2018 (the earliest available data). During this period, the overall number of pending cases has increased (Figure 1). Representation rates for asylum seekers are substantially higher. At the end of FY2022, Q1, 84% of asylum cases pending in immigration courts were represented. Figure 1. Pending Cases by Representation Status FY20 18-FY2022 (Q I) Represented Unrepresented 1,600,000 1,200,000 800,000 400,000 0K FY2018 FY2019 FY2020 FY2021 FY2022* Source: EOIR, Current Representation Rates, Adjudication Statistics, multiple years (*FY2022 through first quarter). Among cases in which respondents filed asylum applications during the last 10 fiscal years, the rates of asylum and other forms of relief granted in unrepresented cases (15%) were about 66% lower than the rates of relief granted in represented cases (44%) (Figure 2). Figure 2. Relief Grants and Denials by Representation Status, FY20 13-May 2022 Percent granted relief 5 Percent denied relief Un epresented Represented Source: Transactional Records Access Clearinghouse (TRAC) at Syracuse University, Asylum Decisions, data tool, June 2022. Notes: TRAC receives data from EOIR via the Freedom of Information Act. Relief refers to grants of asylum and other relief. Some have raised concerns about circumstances that pose barriers to obtaining counsel, such as being detained.

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