Legal representation for all

With the Statue of Liberty only a short distance away, the immigration detention center at Varick Street reflects both outdated immigration policies and a judicial system that excludes the poor. This shameful state of affairs must be addressed in immigration reform.

Under current policies, non citizen immigrants can be held without legal representation and abruptly moved from state to state. The City Bar Justice Center began looking at the consequences of these policies after receiving a petition from 100 detainees citing deplorable conditions at the Varick facility.

In a report it issued on Monday, the Center states that more than 39 percent of the 158 detainees it interviewed could possibly claim relief from deportation proceedings. The Center found that 90 percent of those who were granted a bond—among them, workers and parents— were not able to post it, which meant they had to remain in detention. The vast majority of the detainees interviewed have been in the United States for more than 10 years

Some of the immigrants at Varick arrive at the end of a state criminal sentence, but others, are picked up on a routine traffic stop or a minor car accident—incidents that in the past would have resulted in a fine.

Whichever the situation, the ability to sort through complaints or contest charges is hampered by a system that excludes people from legal representation and puts bonds well beyond their reach. With the substantial number of detainees who may be eligible for relief from removal and the complexity of immigration laws, the Center recommends that the federal government assign counsel to indigent detainees.

We vigorously support this recommendation.The right to an adequate defense is a pillar of the U.S. judicial system. Once exceptions are made around who can be counseled, we enter a slippery slope that leaves accused individuals vulnerable and thatcompromises the integrity of our judicial system.