Will the Government Provide a Deportation Defense Lawyer?

The Sixth Amendment to the United States Constitution protects your rights to an attorney. You have the right to hire a lawyer and, if you cannot afford one, counsel will be provided to you by the government. However, that amendment only applies to criminal law matters. A deportation hearing is an administrative issue. You still have the right to hire a defense lawyer, but the government will not provide you with one. Here, our Annandale deportation defense attorney explains the key things to know about the law.

Key Legal Point: Removal Proceedings Are Civil, Not Criminal 

The Sixth Amendment guarantees appointed counsel in criminal prosecutions. Unfortunately, it does not guarantee anything in civil cases, including in immigration law matters. Removal proceedings arise under the Immigration and Nationality Act (INA). They are classified as civil administrative proceedings. The Supreme Court has consistently characterized deportation as a civil consequence. That is true even though it carries an extremely severe personal impact. Because removal is not deemed criminal punishment, the constitutional right to government-appointed counsel does not apply.

Takeaway: You can hire a deportation defense lawyer, and you should if you are facing removal. However, the government will not provide you with one.

The Statutory Right to Counsel Exists, But at No Expense to the Government 

Even though the Sixth Amendment does not apply to removal proceedings, federal law expressly provides a right to representation to people facing deportation. Indeed, INA § 292 states that a person in removal proceedings shall have the privilege of being represented by counsel of his or her choosing. However, it also states that a person obtaining counsel will do so “at no expense to the government.” The phrase is dispositive. Congress codified access to counsel, but it did not authorize taxpayer-funded representation.

Immigration Judges must advise respondents of their right to counsel. Further, they are also required to provide a list of pro bono legal service providers. Beyond that, courts typically grant a reasonable continuance to allow time to retain counsel. However, if a respondent cannot afford private representation and no nonprofit organization accepts the case, proceedings may continue with the individual unrepresented. The immigration court will not get them a deportation defense lawyer. 

You Should Be Represented By an Attorney (Deportation Cases are Complicated)

Deportation cases are difficult. Removal defense involves complex statutory interpretation, evidentiary burdens, and discretionary standards. The government bears the burden to establish removability by clear and convincing evidence. The respondent bears the burden to prove eligibility for relief. A Virginia deportation defense attorney can help you explore every available option.

Contact Our Annandale, VA Deportation Defense Lawyer Today

At Escobar Law Offices, our Virginia deportation defense attorney is a knowledgeable advocate for clients. We are here to help you explore every potential viable defense against deportation. Contact us right away for your completely confidential, no obligation consultation. With an office in Annandale, we handle deportation defense in Arlington, Alexandria, and across Northern Virginia.

Source:

law.cornell.edu/constitution/sixth_amendment