Godoy Olivieri, Ltd.-An immigration law firm
An Immigration law FIRM
En Español
312-445-0591 800-264-2752

"I am a repeat client of Godoy Olivieri, Ltd. I will definitely continue to use Godoy Olivieri, Ltd. in the future. Every Time I have a legal need Godoy Olivieri, Ltd. has been there to help guide me through. I would recommend them to all my friends and family."

P.P.B
Former Client

Immigrants' right to counsel in detention remains hot topic

The unsafe conditions in many immigration detention centers have been roundly criticized over the last few months. While we have previously discussed how this issue has affected Illinois, there is one question below the surface of every one of these stories: Should all immigrants being held in a detention center have legal representation?

In criminal cases, every accused individual has the right to an attorney. Even though many deportation hearings are sparked by criminal accusations, those who are detained awaiting a hearing aren't guaranteed representation by an attorney. This raises the concern that undocumented immigrants won't be made aware of their rights.

The issue of legal representation became heightened by national reports that at least 300 detained individuals are kept in solitary confinement on any given day, which the United Nations views as torture under some circumstances. This is the exact circumstance in which legal representation can help to make sure that people facing deportation are treated fairly.

Despite the obvious problems with detention centers, some critics are adamant that legal representation shouldn't be required for all detainees. Furthermore, studies show that immigrants with adequate representation in deportation hearings are more likely to receive a positive outcome.

While detainees are often separated from their family while awaiting a hearing, being deported obviously puts family members in a situation to decide whether or not to leave the United States or live without their loved one nearby. This is a very difficult situation for anyone to handle. As such, the right advice can help untangle the situation and point to a positive solution.

Source: The New York Times, "Immigrant Detainees and the Right to Counsel," Ian Urbina and Catherine Rentz, March 30, 2013

  • To learn more about the issues covered in this post, please see our Chicago immigration page.

No Comments

Leave a comment
Comment Information
Godoy Olivieri, Ltd.-An immigration law firm

2021 Midwest Road
Suite 200
Oak Brook, IL 60523
312-445-0591 local
800-264-2752 toll free
630-705-5258 fax
Map & Directions

1655 S. Blue Island Ave.
Suite 300
Chicago, IL. 60608
312-445-0591 local
800-264-2752 toll free
630-705-5258 fax
Map & Directions