May 22, 2024

As Immigrants Face High Stakes, Lawmakers & Advocates Demand the Dignifying Solution of Universal Representation

WASHINGTON, D.C. – Rep Norma Torres (D-CA) alongside Representatives Grace Meng, Robert Garcia, Judy Chu and Dan Goldman were joined by directly-impacted advocates and Fairness to Freedom campaign leaders on Capitol Hill today to urge Congress to support the Fairness to Freedom Act – a bill to establish a federal right to legal representation for all immigrants facing deportation. 

High stakes for immigrant communities and their families continue to rise this critical election year – making the call for legal representation and protected due process rights more urgent than ever. Anti-immigrant measures are being unveiled by the Biden administration and brought to a vote this week in the Senate. Immigrant communities face an expanding immigrant detention system and record-level ICE detention rates. Presidential-hopeful Donald Trump threatens mass deportations if re-elected. And immigration continues to rank as the nation’s top issue multiple months in a row. 

Yet in the midst of these challenges, we are not without solutions. Concerned community members from voters to lawmakers to advocates are clear-eyed in their vision for dignifying immigration solutions that reflect our shared values of fairness, freedom, and the ability to live a life of dignity – solutions like universal representation to help keep immigrants united with their families, protected from deportation, and safely rooted in their homes, workplaces, and communities. 

Rep. Norma Torres (D-CA), lead House sponsor of the Fairness to Freedom Act, said: “Among our neighbors, friends, family members, and colleagues, there are millions of people facing deportation who should have a legal advocate by their side to help them defend their case before an immigration judge, regardless of their circumstances. No one should be forced to face these complex and life-altering immigration proceedings alone, which is why I introduced the Fairness to Freedom Act to ensure all individuals have their fair day in immigration court and understand their rights under the law. My constituents and communities across the U.S. deserve to build lives of dignity, raise thriving families, access work opportunities, and fully contribute to their communities – and universal representation would help them lead these lives in fairness and freedom.” 

Senator Kirsten Gillibrand (D-NY), lead Senate sponsor of the Fairness to Freedom Act, said: “Immigrants are an integral part of New York and the nation at large, contributing to the growth and stability of communities across the country. But without the fundamental right to due process, immigrants who have long called the United States home are at risk of being uprooted from their families, neighborhoods, and workplaces. All people, regardless of where they’re from or how much money they have, deserve to be treated with fairness and dignity in navigating complicated legal matters. That’s why I’m proud to champion the Fairness to Freedom Act alongside Rep. Norma Torres, which would provide legal representation for people in immigration proceedings. Establishing a public defender system for people facing deportation is an achievable, dignifying solution to our outdated and complex immigration system that will help keep families united in their homes.”

Across the country, more than 55 states, counties, and cities with deportation defense investments are leading the way, demonstrating how we can support fairness, family unity, and prosperity by advancing legal representation for immigrants. In the year since the Fairness to Freedom Act was introduced, across the country we have seen new investments and new universal representation programs. After New York State more than tripled its annual investment in immigration services, now funded at $64.2 million, we have seen Colorado double its investment this year in its universal representation program. From Nashville, TN to Bexar County, TX to Pittsburgh, PA, jurisdictions in this past year alone have shown that supporting immigrants by ensuring access to legal representation is a sensible, humane, and effective immigration solution.

Nicholas Turner, Vera Institute of Justice President and Director, said: “The U.S. is experiencing an alarming trend of anti-immigrant policymaking at the state and federal levels that criminalizes immigration, separates families, and limits the due process rights of people seeking safety and stability. All people deserve fairness and freedom, and we urge Congress to improve the antiquated U.S. immigration system by expanding legal pathways to citizenship, improving immigration case processing, and investing in universal legal representation to ensure that all children, adults, and families facing immigration proceedings are treated with dignity and have full access to due process.”

Nicole Melaku, National Partnership for New Americans Executive Director said, “As we celebrate the first anniversary of the Fairness to Freedom Act and the inspiring efforts in states and localities across the country to secure legal representation for people facing deportation, we are disheartened to see anti-immigrant legislation being brought to a vote instead of dignifying solutions. These enforcement-only, asylum-gutting measures betray our country’s longstanding commitment to providing safe refuge and betray the realities and needs of the economy. These measures set back the long work of advocates and immigrant communities that have worked tirelessly with Congress for decades to enact humane, dignifying, and workable immigration solutions. Time and time again, we have brought to our legislators immigration solutions that work for people. And we expect our legislators to be with us on this, as so many of them have promised – rather than embracing anti-immigrant measures and playing election year politics. We urge our Senators to boldly reject the harmful border bill and instead embrace dignifying solutions like the Fairness to Freedom Act.”

Congresswoman Grace Meng (D-NY) said: “Due process is the foundation of our nation’s laws and government, yet each year thousands of immigrants, particularly those facing deportation, are forced to navigate our complex immigration system without access to legal representation. In New York, families and communities have already seen the immeasurable benefits of investments in legal services for immigrants. Federal action is long overdue to support the needs of growing immigrant populations in areas like Queens, New York, and across the country. I am proud to join my colleagues in supporting the Fairness to Freedom Act. Establishing universal representation will make our immigration system more efficient and effective and will give the millions of people seeking to immigrate here a fair chance.”

Congressman Dan Goldman (D-NY) said: “When children are forced to represent themselves through complex immigration proceedings, we have failed to be the welcoming democracy we strive to be. After escaping often horrific conditions in their native countries, many children risk their lives in the hopes of a better future. Yet every day new immigrants are forced to defend themselves against deportation in a language and judicial system they often don’t understand. The right to legal counsel is foundational to our democracy and should extend to those coming here in search of the American Dream as well. No one should face life threatening consequences simply because they cannot afford legal representation.”

Rep. Judy Chu (D-CA) said: “The immigration system is broken when non-English speaking children are expected to do what most American adults wouldn’t dare: appear in court without an attorney. Our immigration laws were meant to protect the vulnerable, not force them back into the dangerous conditions they were fleeing, and so our responsibility is clear. We must pass the Fairness to Freedom Act to provide relief to the over one million adults and children facing deportation orders without any legal representation and fulfill a cornerstone of the American justice system.” 

Angelica Salas, Coalition for Humane Immigrant Rights of Los Angeles (CHIRLAExecutive Director said: "The punitive, enforcement-only approaches currently being considered by congressional leaders and President Biden hugely misunderstand our economy and exploit the immigrant community for political gains. Various dignifying immigration solutions that the electorate, advocates, and members of Congress alike have been asking for are right in front of our elected leaders. We have not wavered in calling for an immigration system that works for people: a humane and welcoming asylum system, public defenders for people facing deportation, legal pathways for people that have long called the United States home. It is time for Congress to prioritize these dignifying solutions that promote fair processes, honor immigrants’ contributions, and uphold our nation’s commitment to due process and freedom for all people."

Murad Awawdeh, New York Immigration Coalition (NYIC), President and CEO, said: “As our immigrant neighbors and family members continue to make outsized contributions to the U.S. economy, the right to legal representation is needed now more than ever for our communities’ security and freedoms. Expanded detention, mass deportations, and denied due process go against everything that we know to be needed for thriving economies, communities, and families. Workplaces need workers. Families need their breadwinners and must stay together. Local communities need thriving families and businesses. This requires dignifying immigration solutions that the nation has been demanding of Congress for decades – and one of these critical and timely solutions is securing the right to legal representation for people facing consequential legal battles in immigration court. We must ensure the health and well-being of all our communities and stakeholders, by passing this bill now.” 

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