In US criminal courts, anyone charged with a criminal offense is entitled to a lawyer, and the court will provide one free of charge if the accused cannot afford to pay for one, but such a system does not exist in immigration court. In New Jersey, about 67% of immigrants facing possible deportation from the US have no lawyer. This is according to a new report, which calls for changes to the system.
An analysis, released on Tuesday by the Trenton-based liberal think tank, New Jersey Policy Perspective, revealed that detained immigrants who can retain legal counsel are three times more likely to win their case and be allowed to remain in the US than those who do not.
Think tank policy analyst, Erika Nava, who also wrote the report, says that New Jersey should create a publicly-funded universal representation program to ensure low-income immigrants, held in detention and facing the prospect of deportation from the US by immigration courts, are given court-appointed legal counsel free of charge.
The report comes as the new state budget has been in debate in the state Legislature, with Governor Phil Murphy proposing a budget of $2.1 million in state funds, so that low-income immigrants receive legal representation. Critics argue that taxpayers in New Jersey should not have to pay to defend detained immigrants, including many who came to the US illegally.