An Essay on Legal Representation of Non-Citizens in Detention

Authors

Michael J. Churgin, University of Texas School of Law

First Page

167

Abstract

The broad expansion of the detention of non-citizens by the federal government has been chronicled by Lenni Benson in her fine contribution to this symposium. The question I will address is one of legal representation for these detained individuals, while they are subject to immigration proceedings. The Supreme Court has noted that this adjudicatory process is civil and not criminal. While these persons may retain counsel, there is no provision for the routine appointment of counsel for those who are unable to afford lawyers. In addition, congressional action and subsequent practice has eliminated the availability of the largest provider of civil legal services to the indigent from assisting this population, Legal Services Corporation (LSC). LSC grantees have been barred from providing representation to most detained non-citizens, and, over a twenty-five year period, the restrictions have tightened.

Recommended Citation

Michael J. Churgin, An Essay on Legal Representation of Non-Citizens in Detention, 5 Intercultural Hum. Rts. L. Rev. 167 (2010).
Available at: https://scholarship.stu.edu/ihrlr/vol5/iss1/8