July 2008

The Immigration Justice Project

The Section of Litigation is cosponsoring an innovative pro bono immigration pilot project in San Diego, California. The Immigration Justice Project (IJP) aims to promote due process and access to justice at all levels of the immigration and appellate court system through the provision of high-quality pro bono legal services for those in immigration proceedings in San Diego. The IJP provides services to detained and nondetained individuals and recruits, trains, and mentors volunteer attorneys and law students representing clients. Through funding from the U.S. Department of Justice, the IJP has begun implementing a Legal Orientation Program for adult immigration detainees. During the first two years of the project, a study will be conducted by Georgetown University to evaluate and document its impact on the immigration court and appellate process.

With no right to government-funded counsel and a high indigence rate, many individuals appear in immigration proceedings pro se. The lack of representation has dramatic consequences, particularly for those fleeing persecution abroad or facing separation from family in the United States. The IJP aims not only to increase access to counsel for immigrants but to benefit the judicial system as a whole: legal representation results in higher appearance rates and fairer and more efficient, accurate, and consistent decision-making. The number of immigration appeals has skyrocketed in recent years, and the lack of representation places a great strain on the federal courts—more than 50 percent of all immigration appeals are handled by the Ninth Circuit. In addition, unscrupulous “notarios” claiming to be immigration lawyers or specialists, who prey upon unsuspecting individuals, are increasingly prevalent in the San Diego area. The IJP will expand the scope and quality of representation for those who might otherwise become their victims.

Several other ABA entities, the Executive Office for Immigration Review, the federal courts, the American Immigration Lawyers Association, and the private bar are all partnering with the Section of Litigation on this project. Along with the generous support of these entities and many individual jurists and practitioners, the IJP needs volunteers to take on pro bono cases at the immigration court and appellate levels. This project allows volunteers to make a difference by serving both clients in need and the courts, while providing real “on-your-feet” trial and appellate experience.

If you are able to help, please contact Irena Lieberman at the ABA Commission on Immigration at (202) 662-1008. Thanks!

Judith A. Miller
Chair, Section of Litigation