Immigration courts in the United States handle approximately 3.2 million pending deportation cases, with roughly 52% of respondents proceeding without legal representation, according to analysis by the Vera Institute of Justice. The absence of guaranteed counsel in immigration proceedings contrasts with the criminal justice system, leaving immigrants to secure private attorneys at substantial cost or pursue limited pro bono services with extended waitlists.
Research demonstrates the critical importance of legal representation in immigration cases. A 2024 Congressional Research Service study found that only 19% of unrepresented individuals obtained asylum or other relief to remain in the United States, compared to 47% of those with attorneys. Advocates, including organizations like the American Immigration Council, emphasize that legal counsel is essential for successfully navigating the immigration system’s complexity.
In Sacramento, California, the California Immigration Project operates an “Attorney of the Day” program that deploys volunteer lawyers to assist unrepresented immigrants during court proceedings. The program coordinator works with judges to identify cases lacking representation and provides guidance on asylum applications, document preparation, and procedural requirements. Volunteer translators help communicate with individuals whose primary language is not English.
Conditions in immigration courts have shifted during the second Trump administration, which has emphasized enforcement priorities including deportations. Court operations have accelerated, with hearings consolidated into larger sessions designed to address case backlogs, and immigration officers have conducted arrests in courthouse settings. These changes have compressed preparation time for respondents and increased the stakes of appearing without legal assistance.
Program coordinators note that many unrepresented immigrants encounter confusion during proceedings conducted through interpreters at rapid pace and lack understanding of procedural requirements such as document translation standards, application fee submissions, and timing deadlines. Some individuals report losing substantial sums to fraudulent practitioners claiming legal expertise, further depleting resources available for legitimate representation.
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