Criminal migrants across the country are increasingly avoiding deportation thanks to an unlikely source: public attorneys using local taxpayer dollars to represent them in immigration court.
Foreign nationals facing criminal prosecution have long been provided Supreme Court-mandated legal advice on the potential impacts of guilty pleas. However, public attorneys are more frequently representing non-citizens in deportation proceedings, sparking ethical concerns from immigration hawks who note that there’s no legal requirement for free lawyers in civil court.
“You don’t have a right to pay counsel in civil proceedings any more than you do in tenant-landlord court or divorce court,” Art Arthur, a resident fellow at the Center for Immigration Studies, told the Daily Caller News Foundation. Arthur — who previously served as an immigration judge — highlighted how government-funding for immigration attorneys is becoming more common across the U.S.
“If they’re going to provide free counsel to respondents — which is how we refer to them in immigration court — are they providing free counsel to people facing bankruptcy, to people who are facing eviction, to people who are attempting to get out of abuse of marriages?” Arthur continued. “I got a feeling the answer that probably no.”