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Congresswoman Torres & 58 Lawmakers Call for Funding to Provide Legal Representation for People Facing Removal Proceedings

April 6, 2023

Washington, D.C. – Congresswoman Norma J. Torres (CA-35) led 58 of her House colleagues in a letter requesting $150 million in funding to expand federal programs that provide legal representation for the thousands of immigrants, asylum seekers, families, and other vulnerable individuals who face federal immigration court removal proceedings. The letter was sent to Chairman Hal Rogers and Ranking Member Matt Cartwright of the House Appropriations Subcommittee on Commerce, Justice, Science, and Related Agencies, which oversees funding for the Department of Justice.

In the letter, the lawmakers wrote, "Our nation's immigration laws are complex and confusing, and the severe consequence of deportation is life-changing for individuals and families. Despite these facts, the federal government does not guarantee legal counsel for people in removal proceedings. Without legal counsel, it is nearly impossible for people in removal proceedings, who typically do not speak English, to understand the immigration system or how to apply for humanitarian and other legal relief."

Legal representation is important in ensuring people facing removal proceedings have a fair day in immigration court and understand immigration law. Funding a federal pilot program for legal representation will also strengthen our immigration system, save tax dollars in the long run, and resemble what more than 50 states and localities have already implemented. California, for example, provides over $45 million yearly to fund immigration legal services, such as representation in immigration court.

Congresswoman Torres' letter was co-signed by Representatives Suzanne Bonamici (OR-01), Sylvia R. Garcia (TX-29), Danny K. Davis (IL-07), Eleanor Holmes Norton (DC-AL), Jasmine Crockett (TX-30), Suzan K. DelBene (WA-01), Raúl M. Grijalva (AZ-07), James P. McGovern (MA-02), Bill Pascrell, Jr. (NJ-09), Nanette Diaz Barragán (CA-44), Jimmy Panetta (CA-19), Jan Schakowsky (IL-09), Judy Chu (CA-28), Lizzie Fletcher (TX-07), Nydia M. Velázquez (NY-07), Jimmy Gomez (CA-34), Jesús G. "Chuy" García (IL-04), Katie Porter (CA-47), Donald S. Beyer Jr. (VA-08), Rashida Tlaib (MI-12), Diana DeGette (CO-01), Barbara Lee (CA-12), Nikema Williams (GA-05), Tony Cárdenas (CA-29), J. Luis Correa (CA-46), Sara Jacobs (CA-51), Henry C. "Hank" Johnson, Jr. (GA-04), Greg Casar (TX-35), Mark DeSaulnier (CA-10), Sheila Jackson Lee (TX-18), Juan Vargas (CA-52), Ruben Gallego (AZ-03), Adam Smith (WA-09), Kim Schrier, M.D. (WA-08), Frederica S. Wilson (FL-24), Sheila Cherfilus-McCormick (FL-20), Donald M. Payne, Jr. (NJ-10), Lucy McBath (GA-07), Grace F. Napolitano (CA-31), Jason Crow (CO-06), Robert Garcia (CA-42), Pramila Jayapal (WA-07), John B. Larson (CT-01), André Carson (IN-07), Linda T. Sánchez (CA-38), Sydney Kamlager-Dove (CA-37), Earl Blumenauer (OR-03), Teresa Leger Fernández (NM-03), Ann McLane Kuster (NH-02), Jared Huffman (CA-02), Paul D. Tonko (NY-20), Jonathan L. Jackson (IL-01), Summer Lee (PA-12), Alexandria Ocasio-Cortez (NY-14), Veronica Escobar (TX-16), Al Green (TX-09), Joaquin Castro (TX-20), and Robert J. Menendez (NJ-08).

President Biden's FY2024 budget request includes $150 million for a pilot legal representation program for immigrants. In 2021 and 2022, the Congresswoman also led her colleagues in requesting the expansion of federal legal representation programs.

The letter can be found here, and the full text is below:

Dear Chair Rogers and Ranking Member Cartwright:

As the Subcommittee considers the Commerce Justice Science Fiscal Year (FY) 2024 Appropriations Bill, we write to support $150 million in funding to expand federal programs that provide legal representation for the thousands of immigrants, asylum seekers, families, and other vulnerable individuals who face federal immigration court removal proceedings each year without the advice of counsel. As you know, the House FY2022 bill, H.R. 4505, included $50 million for the same purpose.

Our nation's immigration laws are complex and confusing, and the severe consequence of deportation is life-changing for individuals and families. Despite these facts, the federal government does not guarantee legal counsel for people in removal proceedings. Without legal counsel, it is nearly impossible for people in removal proceedings, who typically do not speak English, to understand the immigration system or how to apply for humanitarian and other legal relief.

Legal representation is the most determinative factor in ensuring people facing removal have a fair day in immigration court. If represented by counsel, people are five times more likely to obtain legal relief compared to those who are unrepresented. People who are detained during proceedings are 10.5 times more likely to succeed in their cases when represented. Despite the critical role of legal counsel, nationwide more than 40 percent of those appearing in immigration court go unrepresented by counsel, and a staggering 70 percent of detained persons face proceedings without counsel.

Allowing greater access to legal counsel will help the court system operate more efficiently and effectively. Studies of immigration court data over the past decade have found that people represented by counsel appear in court over 96 percent of the time. Having access to a lawyer can help noncitizens navigate a complex system, which is generally conducted in a language not their own. Additionally, legal representation avoids delays in court and saves time that judges typically spend explaining procedures to unrepresented people.

Furthermore, more than 50 states and localities have launched their own programs to provide legal representation to individuals facing removal proceedings. Since 2017, California currently allocates over $45 million in funding per year to immigration legal services, which includes representation in immigration court. New York invests $20 million in immigration legal and social services; the Governor's current executive budget proposal would increase that amount to $43 million. Harris, Dallas, Austin, and Bexar counties in Texas included over $2.7 million in 2023 to provide local government investment in removal defense for immigrants. We need a federal pilot program to help and lead the way in ensuring noncitizens have access to legal representation as they navigate a complex immigration system.

Currently the federal government operates pilot legal representation programs that serve two populations: unaccompanied children and individuals with mental disabilities. We support additional funding for the Executive Office for Immigration Review (EOIR) to expand legal representation programs to other vulnerable populations including, but not limited to, asylum seekers, families, people who speak rare languages, and those deprived of their liberty while awaiting their court hearings. EOIR must reform notice procedures and should also increase support staff to ensure received motions are timely filed, noncitizens and respondents are able to contact court staff, and court staff can quickly update information in systems. We believe that this funding will help ensure fundamental fairness and allow immigrants facing removal a fair hearing.

Thank you for your consideration of this request and we look forward to working with you to ensure due process for all individuals.

Sincerely,