About | HeinOnline Law Journal Library | HeinOnline Law Journal Library | HeinOnline
LOG IN
LOG IN

29 Conn. L. Rev. 1647 (1996-1997)
Promoting Legal Representation: For Detained Aliens: Litigation and Administrative Reform

handle is hein.journals/conlr29 and id is 1657 raw text is: Promoting Legal Representation For Detained Aliens: Litigation and Administrative Reform MARGARET H. TAYLOR* CONTENTS I. THE (QUALIFIED) RIGHT To LEGAL REPRESENTATION IN IMMIGRATION PROCEEDINGS ...................... 1656 A. The Statutory Framework under the 1996 Act ........ 1656 B. Due Process Protection ...................... 1660 II. DETAINED ALIENS' ACCESS TO ATTORNEYS ............. 1663 A. Scope of the Problem and the Role of Lmyers ....... 1663 B. A Typology of the Common Obstacles to Securing Legal Representation ............................. 1667 Ill. LITIGATION OVER INS DETAINEES' RIGHT TO COUNSEL... 1675 A. Impact Litigation and Individual Claims ............ 1675 B. Limits of a Litigation Strategy .................. 1685 IV. ADMrNISTRATTVE REFORM ...................... 1691 * Associate Professor of Law. Wake Forest University School of laws. I am grateful to the Connecticut Law Review for the opportunio, to present this Article at their immigration law symposium, and also to those who attended the immigration law professors workshop in Boul- der, Colorado in June 1996 for their discussion of an earlier draft. Lenni Benson, Kevin Johnson Steve Legomsky, Gerry Neuman. and Ron Wright helped me to develop my ideas through helpful conversations and uritten comments. My thanks also go to Joe Finarell, Stephanie Stark Anna Worley, and Virginia Grady for their research assistance. This Article gives a contemporaneous account of ongoing efforts to promote legal repre- sentation for INS detainees. I interviewd many government officials as part of my research. I also consulted informally with advocates who are trying to make the right to retain counsel and receive legal information a reality for thousands of detained aliens. I am indebted to many people at the INS, the Executive Office for Immigration Revle, and in the advaocacy community who shared their insights with me. While I rely on information provided by these insiders, I do not disclose any material that was given in confdence. Of course, those who, have discussed this topic With me still not necessarily agree with my conclusions, and I remain responsible for any errors.

What Is HeinOnline?

HeinOnline is a subscription-based resource containing thousands of academic and legal journals from inception; complete coverage of government documents such as U.S. Statutes at Large, U.S. Code, Federal Register, Code of Federal Regulations, U.S. Reports, and much more. Documents are image-based, fully searchable PDFs with the authority of print combined with the accessibility of a user-friendly and powerful database. For more information, request a quote or trial for your organization below.



Short-term subscription options include 24 hours, 48 hours, or 1 week to HeinOnline.

Purchase Access

Contact us for annual subscription options:

Contact Us

Already a HeinOnline Subscriber?

Log In

profiles profiles most