Wednesday, December 21, 2011

Immigration cases and the inadequacies of legal representation; F&M doing its part

A recent New York Times article highlights the glaring inadequacies that exist in the United States immigration system with respect to legal representation for immigrants facing deportation. It discusses the frustration that immigration judges, in particular, express due to what they describe as "inadequate" services provided by attorneys representing immigrant clients.

Here's the link to the article: http://www.nytimes.com/2011/12/19/nyregion/judges-give-low-marks-to-lawyers-in-immigration-cases.html?_r=1&ref=legalprofession

The article reads "immigrants received 'inadequate' legal assistance in 33 percent of the cases between mid-2010 and mid-2011 and 'grossly inadequate' assistance in 14 percent of the cases, the judges said. They gave private lawyers the lowest grades, while generally awarding higher marks to pro bono counsel and those from nonprofit organizations and law school clinics." The information cited comes from a report published in the Cardozo Law Review of the Benjamin N. Cardozo School of Law at Yeshiva University in Manhattan, the full text of which can be found here: http://www.cardozolawreview.com/content/denovo/NYIRS_Report.pdf

While this article emphasizes an important problem with the legal aspects of this nation's immigration system, it also makes note of the interesting fact that pro bono attorneys - mostly those from non-profit organizations and even law schools - do a much better job, according to both immigration judges and success rate statistics, than do lawyers hired by immigrants. One judge who participated in the study, "blames predatory lawyers who are not familiar with immigration law for much of the poor representation. The immigrants who hire them often do not speak English and are unfamiliar with the court system, making them particularly vulnerable. 'They are easy prey for ambulance-chasing-style lawyers who do not adhere to the highest standards of responsibility,' said the judge."

F&M students are doing their part to remedy the inadequacies of the American immigration system through a course called "Human Rights-Human Wrongs," co-taught by Dr. Susan Dicklitch, the director of F&M's Ware Institute for Civic Engagement, and an immigration attorney who works out of Baltimore for a non-profit immigrant assistance organization. This course was highlighted in a recent U.S. News and World Report article (which can be found here: http://www.usnews.com/education/best-colleges/articles/2011/04/18/10-college-classes-that-impact-the-outside-world?PageNr=1).

I was lucky enough to be able to participate in this course this past semester, and was one of several students who worked with attorneys to prepare cases on behalf of immigrants facing deportation. HR/HW is a one-of-a-kind undergraduate experience that is challenging, eye-opening, and rewarding. It also inspired me to begin a research project this semester on the topic of immigrant legal representation. Any F&M  student interested in pursuing a career related to any aspect of the legal system should consider it, as it also provides students with a very useful legal background and a plethora of legal research skills.

As the NYTimes article and the Yeshiva University report indicate, immigration courts are in desperate need of quality legal representation for indigent immigrant clients. What better way to contribute to the legal system as an undergraduate than to check out the unique opportunities to learn and to help offered at F&M?

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