Think Immigration: Vital Lifeline for Adults, Families, and Children in Removal Proceedings Forced to Halt

Last week brought unprecedented changes in immigration policy on many fronts. However, one of the less publicized strategies to upend due process and protections for the immigrant community was the Department of Justice’s (DOJ) forced halt of programming for the Executive Office for Immigration Review (EOIR) legal access and representation programs. Specifically, the DOJ issued stop-work orders on four key legal access programs, run by attorneys and paralegals who provide support and representation to adults, families, and children in removal proceedings. The four halted programs include three orientation programs and one representation program: the Legal Orientation Program (LOP) for detained adults, Immigration Court Helpdesk (ICH), Family Group Legal Orientation Program (FGLOP), and Counsel for Children Initiative (CCI), respectively. These legal access programs have provided efficient, effective services for years, the longest running being the LOP since 2003.

Because of this forced halt, right now, children, adults, and families, including people in deportation proceedings and detention, have lost access to crucial legal information, referrals to pro-bono counsel, and clarity on their legal process—all of which also help immigration judges manage their dockets more efficiently.

Stripping Immigrant Children of Representation

“Options really plummet” if immigrants are not represented, said Andrew Nietor, who sits on the American Immigration Lawyers Association (AILA) National Board of Governors. Acacia Center for Justice (Acacia), who implements these programs nationwide, is concerned that since the halt of these programs, advocates such as Mr. Nietor, who also represents children under the Counsel for Children Initiative (CCI), will face an ethical dilemma: work without pay representing people in court, or leave clients in the lurch facing removal hearings on their own.

Decimating Streamlined “Pro Se” Support for People Without Representation

There is no court-appointed counsel in the immigration court, even though many immigrants face family separation and threats of harm and even likely death if they return to their country of origin. Through the legal access programs, attorneys and paralegals translate evidence, appear as Friend of the Court (FOTC), and/or explain to immigrants what relief, if any, is available. These programs also manage hotlines that people can call to obtain information on the immigration court process and potential avenues for relief. Acacia works with reputable and well-known organizations like the Florence Immigrants and Refugee Rights Project, Northwest Immigrant Rights Project, Rocky Mountain Immigrant Advocacy Network, and National Immigrant Justice Center, and Catholic Charities to provide these services.

“No internet access, no access to luggage [with their documentary evidence]... how is a detained person supposed to meet the criteria” for immigration relief? exclaimed Abdoulaziz Djibril, a law graduate of American University Washington College of Law, a Board member of Amica Center, and an immigrant formerly detained by ICE when he claimed fear of returning home. He himself received support from non-profit attorneys whose work was just forced to a halt by DOJ.

Unprecedented Domino Effect

The ICH, FGLOP, CCI, and LOP fund over 500 attorneys and paralegals across the nation, many of whom are AILA members. By halting these four programs nationally, the DOJ tipped off a domino effect of ethical dilemmas and fear. The stop work order came during the workday, and took effect immediately, which caused confusion and chaos for advocates who were in the middle of providing services at the courts and detention facilities. Many attorneys had to triage their scheduled court hearings and document preparation for court, throwing advocates into confusion, along with the courts. Attorneys were forced to consider if they could continue pro se assistance or representation under alternative funding, or if they were obligated to take on case work pro bono.

Astounding Numbers of People Impacted

During the period from September 2022 to September 2024, the impacted orientation programs served more than 192,000 participants. Members of AILA, while dedicated to pro-bono legal services, cannot sustainably substitute for this colossal loss of legal access programming by taking on more pro-bono work. During the halt, some attorneys and paralegals have moved forward with support work and hearings; however, it is uncertain how long they can sustain this. Meanwhile some attorneys had to shift to other work. Advocates cannot work for free indefinitely, nor absorb work for an astounding 192,000 or more people.

The services legal access programs provide to immigrants, the courts, and attorneys, are irreplaceable with no simple “pro bono” solution. Additionally, many attorneys and paralegals halted by the DOJ are AILA members.

Future Impact- ICE Raids & Continuing Erosion of Our Communities

Imagine someone who is detained in an ICE raid, on their way to church or dropping off a child at school. Before the Stop Work Order someone could at least look to LOP or one of these programs as a safety net. Now, advocates are concerned that people will be sent to what’s essentially a “black site” where there is no legal access, no due process, not even a poster with a hotline to call for help.

Call to Action

YOU can do something to help fight this battle. AILA has put together a Take Action that is open to the public so please use it yourself and share with your networks: TAKE ACTION TODAY: Urge Congress to Insist the DOJ Reinstate these Critical Programs. While the text template is worded to be used by an immigration attorney/AILA member, anyone can edit and use the email tool.