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1 1 (August 6, 2024)

handle is hein.crs/goveqgi0001 and id is 1 raw text is: Congressional Research Service Informing the legislative debate since 1914 Updated August 6, 2024 U.S. Immigration Courts: Access to Counsel in Removal Proceedings and Legal Access Programs Immigration courts are administered by the Department of Justice's Executive Office for Immigration Review (EOIR). During removal proceedings in immigration courts, immigration judges (IJs) determine whether individuals (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 (free); the federal government generally may not provide counsel. Author zed Representat ves EOIR is required to provide respondents with a list of free or low-cost legal service providers. Persons eligible to represent respondents in immigration court include *0 *0 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). Recogniion & 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. Rates of Representation and Reef Outcomes As of March 2024, approximately 33% of all respondents with pending cases had representation. Among cases with at least one hearing adjournment, the rate increased to 52%. Among proceedings in which the respondent has filed an application for asylum, the representation rate was 69%. EOIR also reports representation rates for unaccompanied alien children (UAC) of 56% for all pending UAC cases and 61% among UAC cases pending for more than a year as of March 2024. Overall, the proportion of represented respondents has generally decreased since FY2018 (the earliest available data). During this period, the overall number of pending cases has quadrupled, exceeding 3 million, while representation rates have fallen from two-thirds to one-third (Figure 1). Figure I. Pending Cases by Representation Status FY2018-FY2024 (Q2) L Represented Unrepresented 3,500,000 3,000,000 2,500,000 2,000,000 67% 1,500,000 1,000,000 40% 44% 500,00 3%3933%3 500,000 67% 60% 44% 46% % 0 FY18 FY19 FY20 FY21 FY22 FY23 FY24(Q2) Source: EOIR, Current Representation Rates, Adjudication Statistics, multiple years. With the exception of 2024 (Q2), data reflect cases ending at the end of each fiscal year. 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 (19%) were about 60% lower than the rates of relief granted in represented cases (47%) (Figure 2).

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