A Federal Defender Service for Immigrants: Why We Need a Universal, Zealous, and Person-Centered Model

As readers probably know, noncitizens in removal proceedings are not guaranteed counsel.   The lack of counsel makes the noncitizens’ chances of defeating removal extremely difficult.   I have argued that lawful permanent residents have a right to counsel under the Due Process Clause.

The Vera Institute of Justice (Vera) recommends that “the Biden administration draw from time-tested models, data, and knowledge to build a federally funded, universal legal defense service that provides universal, zealous, and person-centered defense to all immigrants. This federal defender service should be modeled on the criminal federal defender system, which is generally regarded as more successful at realizing the values of high-quality, appropriately funded representation than its state counterpart.”

Vera believes that “[a] federally funded, universal legal defense service that provides universal, zealous, and person-centered defense to all immigrants would help address systemic inequities within the immigration system, and would represent a safeguard that is already proven, effective, achievable, and has widespread public support.”

Click the link above for more information and key facts.

KJ