The Biden administration is asking lawyers to take on more pro-bono cases for immigrants seeking asylum.
The call and other changes are part of a White House program officials say is meant to expand opportunities for Latino families and communities.
Unlike in criminal proceedings, legal representation is not guaranteed in immigration court. The Biden administration says to shore up that need, law firms, nonprofits and advocacy groups should take on more pro-bono cases for asylum seekers.
Tucson immigration attorney Mo Goldman says it’s a long-standing request that he and other attorneys have answered — he takes on pro-bono clients already and says his office gets new requests daily. But, resources are limited.
“There are a very limited number of specialists who do immigration law on a regular basis, and immigration law, specially asylum law, is so complex that you want to make sure you have somebody who knows what they’re doing,” he said.
Goldman says to really make a difference, the federal government should provide resources to train more lawyers in immigration law.
Under the new changes, the Executive Office of Immigration Review — the Department of Justice wing that oversees immigration courts — is also expanding its “Attorney of the Day” program, which places volunteer attorneys in a handful of immigration courts around the country.
But Goldman says it’s likely not that simple.
“It raises ethical concerns,” he said. “Are they properly prepared to represent these individuals? Do they have enough time to prepare?”
Goldman says asylum cases are complicated and they can take years to litigate. Meanwhile, there were three million pending immigration cases as of December, according to data analyzed by TRAC research group.
Goldman says the federal government should review how cases proceed so that some can be redirected away from the court.
