Does immigration always provide an attorney or only under certain circumstances?
Friday, January 15th, 2010 at
3:17 pm
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If you ever need immigration legal advice you buy it from a lawyer
You do not get advice from any goverment or Immigration functionary
The Supremes have ruled no goverment employee has to tell you the truth about anything
Immigration NEVER provides an attorney. If you’re in immigration court and you want an attorney you pay for one on your own dime.
*********An alien arrested and charged with a crime, like any US citizen, is provided an attorney if he/she cannot afford to retain one. However, this is for criminal proceedings. When it comes to immigration proceedings no attorney is provided.
The United States removes MILLIONS of aliens each year if you count those stopped illegally crossing the southern border. It would cost billions to provide them each an attorney. If they want one they can hire one themselves.
Yak Rider is correct. In Immigration Court before an Immigration Judge, the government will not provide or pay for an attorney for the alien who has been served with a Notice to Appear. The alien has to pay.
If the alien is arrested and held for prosecution in a Federal Court before a federal judge, then an attorney can be provided at no expense to the alien. The Federal government has a department with Public Defenders who can represent aliens in criminal proceedings.
Private agencies, like Catholic Charities, will provide free legal advice and representation, but they are not connected to the government.
Immigration court does NOT provide an attorney. It is common in the US criminal courts that you can get a public attorney but that is for a US citizen or permanent resident accused of breaking US law. In the immigration system you are not protected the same way. Most people there are not legally here and are going through deportation procedures. If the case attracts the interests of a special group that group may help but that is a rare event.