More and more migrants are forced to go to court without the help of lawyers, recent data shows. According to federal data released by researchers at Syracuse University’s Transactional Records Clearing Center (TRAC), from October 2022 to September 2023, 49% of cases in New York State immigration court were presented without attorneys. This is a sharp decline from pre-pandemic times, when more than 80% of cases were represented by attorneys.
An analysis of data from the Vera Institute, an advocacy group, shows that New York has lost its status as a leader in providing legal aid to migrants, now ranking third behind California and Virginia. The increase in the number of cases in court and the sharp increase in the number of migrants in the city are the main reasons for the decline in the percentage of lawyers presenting cases.
New York Mayor Eric Adams has spoken out against unnecessary spending to support migrants, pointing to the city’s significant costs and their impact on the budget. Since 2022, more than 150,000 migrants have passed through New York, with about 67,000 of them remaining in city shelters.
While authorities provide assistance to immigrants through legal clinics and other services to help them complete paperwork, the number of cases in New York state immigration courts has more than doubled since 2019. Experts say systemic problems and understaffing in immigration courts make it difficult to process cases.
Non-citizen immigrants who are denied the right to counsel face difficulties in the court system, which can lead to serious consequences, including deportation. According to Shayna Kessler of the Vera Institute, having a lawyer significantly increases the chances of protecting your rights and remaining in the country.
While the number of cases is growing, the proportion of migrants with lawyers is decreasing. However, New York immigration courts are more likely to approve asylum cases than courts in other jurisdictions. According to TRAC, judges deny relief in just over a third of cases, the third-highest rate among courts with available data.
State and federal efforts are aimed at helping migrants navigate bureaucratic hurdles. But immigrant public advocates are pushing for passage of the Access to Representation Act, which would expand the right to counsel to all New Yorkers facing immigration court.
