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8 - Immigrant Representation: Meeting an Urgent Need

from PART I - CURRENT STATE OF ACCESS TO LEGAL SERVICES

Published online by Cambridge University Press:  05 May 2016

HoN. Robert A. Katzmann
Affiliation:
Study Group on Immigrant Representation
Samuel Estreicher
Affiliation:
New York University School of Law
Joy Radice
Affiliation:
University of Tennessee School of Law
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Summary

State and federal judges across the country have led innovative initiatives to address civil access to justice problems that they see in their courtrooms every day. In this chapter, Chief Judge Katzmann of the U.S. Court of Appeals for the Second Circuit describes how over 50 lawyers in New York formed a study group to identify and promote ways to improve the level of legal assistance for immigrants. Among the group's successes has been the creation of the Immigrant Justice Corps, which engage senior lawyers working together with recent graduates to provide counsel and representation for immigrants facing deportation or otherwise needing to navigate the American courts and administrative agencies.

Until recently, immigration cases were a very small part of the work of the Second Circuit. In 1999, when I started as a court of appeals judge, the immigration docket was a minuscule percentage of our workload. But within a few years, the immigration docket approached 40% of the case load – and, as a result, our Court developed procedures to manage such cases, devised largely by Jon Newman under the chief judgeship of John Walker. This system continues to this day. Since 2006, We have adjudicated more than seventeen thousand immigration cases. In all too many cases, I could not but notice a substantial impediment to the fair and effective administration of justice: the too-often deficient counsel of represented noncitizens. For immigrants, the stakes could not be greater – whether they can stay in the United States, whether they will be separated from their loved ones, often their children. In all too many cases, I had the sense that if only the immigrant had competent counsel at the very outset of immigration proceedings where the record is made with lasting effect – long before the case reached the court of appeals where review is limited – the outcome might have been different, the noncitizen might have prevailed.

Type
Chapter
Information
Beyond Elite Law
Access to Civil Justice in America
, pp. 135 - 140
Publisher: Cambridge University Press
Print publication year: 2016

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