Advancing the Due Process Right to Appointed Counsel In Immigration Removal Proceedings

Authors

Chloe Schalit, American University Washington College of LawFollow

Abstract

Right now, noncitizens only have the right to an attorney if they can afford one. While courts have grappled with the inherent due process issue accompanying this standard, no court has held that noncitizens have the right to a government- appointed attorney. This paper promotes the provision of government-appointed attorneys to noncitizens in removal proceedings in immigration court under a due process lens. This paper will first briefly examine the difference between criminal and civil matters related to the Sixth Amendment right to an appointed attorney. Next, the paper will engage in a Fifth Amendment due process analysis, ultimately concluding that noncitizens' right to an appointed attorney during removal proceedings can qualify as a due process right under the Fifth Amendment. Finally, the paper will provide an overview of local programs that have been implemented to illustrate a blueprint for a national framework to expand noncitizens' right to representation.

Recommended Citation

Chloe Schalit, Advancing the Due Process Right to Appointed Counsel In Immigration Removal Proceedings, 1 Refugee L. & Migration Stud. Brief 22 (2024).
Available at: https://digitalcommons.wcl.american.edu/refugeemigrationstudiesbrief/vol1/iss3/3