Immigration Article of the Day: Bridging the Immigration Detention Justice Gap by Jaclyn Kelly-Widmer and Alisa Whitfield

Abstract

Immigrants held in United States detention centers experience a de facto denial of their right to access to counsel. The 38,000 immigrants detained each day are largely held in remote facilities, where they experience extremely poor—often abusive—conditions; the inability to contact counsel or prepare their cases; and a legal framework that is stacked against them. Many scholars have studied the overlapping challenges detained immigrants face in a hostile regime and have proposed solutions ranging from ending immigration prison to providing universal representation for all those detained to revising legal rationales for detention. These ideas are good ones. However, as we work towards such goals, tens of thousands remain detained with little recourse. As a partial way to bridge that gap, we argue for a transformative, collaborative model of access to justice that focuses on community empowerment and combines the work of organizers, attorneys, and law students in clinics.

KJ