Immigration Assistance On-Demand
Right to Counsel
ichat.lawyer is proud to partner with Right To Counsel Fund in the mission to provide legal counsel for as many detained foreign nationals as possible. The United States Constitution provides an absolute right to legal representation under the 6th Amendment. However, that privilege does not extend to non-citizens. We think it should.
What happens when the most powerful government in the world litigates against an unrepresented non-citizen in immigration court? See below to find out (it’s not pretty):
Entry Without Inspection
Of all the charges brought against detained noncitizens, the vast majority are Entry Without Inspection cases (aka illegal entry). 62.5% of the time the United States brings charges in immigration court, it's an EWI case.
Detention
Since January 2023, the number of noncitizens arrested and detained by ICE and CBP has risen from approximately 20,000 to 38,000. Approximately 65% of detainees have no criminal record.
Representation
Across the entire spectrum of ICE and CBP Detention Centers, about 70% of all detainees never speak to a lawyer. In cases where the eventual outcome was an Order of Removal was issued, only 14% of those individuals had legal representation. In some rural areas, like the Stewart Detention Center in Lumpkin, GA, only 4-8% of detainees seek and secure legal counsel.
Bond Hearing
A bond hearing is a lifeline. This is any detainee's first opportunity to be free from detention. Across the country 57% of detainees are not represented when they go to their bond hearing. Many do not know anything about the legal system. Of those represented in their bond hearing, they have a 50/50 shot at going free. Those who are not represented fare worse, nearly 65% remain detained. The numbers get worse in rural areas where there is less access to attorneys.
Order of Removal
In deportation cases where the individual facing the order of removal remains in detention, the United States might as well be Goliath while the detainee is David. More than 80% of the time the United States is successful in deporting detainees who are unrepresented. Representation matters, access to justice matters.
Virtual Attorney Visitation
U.S. Immigration and Customs Enforcement (ICE) detention standards require detained noncitizens be allowed confidential contact with legal representatives. ICE has implemented Virtual Attorney Visitation (VAV) in some detention facilities across the country to improve access to legal representatives.
