Immigration issues are American issues. One out of every eight people living in America is an immigrant, whose status or lack thereof may place them at risk of deportation. One out of every five children is the child of an immigrant, and over 16 million people in America live in families with at least one undocumented immigrant. And the threat of deportation is significant. Immigration law is complex and lawful immigrant status – whether as a visa holder, refugee/asylee, lawful permanent resident, or individual with some other form of authorization to remain in the country – is difficult to obtain and keep. Authorization may expire and even forms of “permanent” status are subject to revocation because of past criminal conduct and other civil immigration violations. Under the various grounds of “removal” (the legal term for deportation), nearly 400,000 individuals are deported each year.

The immigration system is largely a system of self-representation. Forty-one percent of noncitizens end up representing themselves in removal proceedings. The number is much higher for the detained immigrant population, where over 80% are pro se. Categorized as a “civil” legal process, removal proceedings do not provide a right to counsel. Instead, individuals in removal proceedings must rely on the limited resources of nonprofit legal service providers or pay for private representation. Although causation is unclear, those without legal representation are ten times more likely to be deported than those with counsel. Moreover, those with counsel may not receive effective representation, given the wide variation in quality among those who represent immigrants in removal proceedings.

MEASURING OUTCOMES FOR PRO SE LITIGANTS IN IMMIGRATION CASES

Nationwide statistics from the U.S. Department of Justice's Executive Office for Immigration Review demonstrate that, in fiscal year 2011, 52.9% of represented noncitizens in removal proceedings received a successful outcome (defined as case termination, relief from removal, or other basis for case closure) as compared to only 5.2% of unrepresented noncitizens.