Trump Wants to Deport Millions of Immigrants. Here’s One Way to Slow Him Down.

Only 37 percent of immigrants facing deportation have legal representation.

Immigration reform supporters rally outside the Supreme Court. Tom Williams/CQ Roll Call via AP Images

Fight disinformation: Sign up for the free Mother Jones Daily newsletter and follow the news that matters.


Throughout his presidential campaign, Donald Trump ran on a staunchly anti-immigrant platform, vowing to build a wall along the US-Mexico border and deport millions of “criminal aliens” in his first hours in office. Last week, Democratic legislators in California—home to about one-fifth of the country’s estimated 11 million undocumented immigrants—introduced a series of measures aimed at protecting the state’s immigrants under Trump’s policies. Two of those bills could help immigrants facing deportation in a crucial way: by making sure they have legal representation in court.

Unlike defendants in criminal courts, immigrants facing deportation aren’t guaranteed a right to a court-appointed attorney. These immigrants have to bear the costs of securing a lawyer on their own, and this can be a costly and difficult process, especially for those held in detention centers. Nationally, only 37 percent of immigrants facing deportation proceedings have access to a lawyer, according to a study released by the American Immigration Council, a pro-immigration nonprofit. Immigrant detainees have it even worse: Only 14 percent receive legal representation. Studies have shown that one of the most important factors in determining an immigration case is whether immigrants had a lawyer—women and children, for instance, are up to 14 times more likely to win some form of relief from deportation or be released from detention when they have access to legal representation.

California’s proposed laws “send a clear message to undocumented Californians that we won’t turn our backs on them. We will do everything in our power to protect them from unjustified deportation.” 

Together, California’s Assembly Bill 3 and Senate Bill 6 would provide funding so immigrants facing deportation would have access to free legal assistance, as well as set up state-funded trainings in immigration law so defense attorneys and public defenders’ offices can better assist immigrants. Nearly 70 percent of detained immigrants in the state do not have legal representation, according to a report by the California Coalition for Universal Representation, and without it, only 6 percent of immigrants have won their cases over the past three years.

State Sen. Ben Hueso, a Democrat from San Diego who introduced SB 6, estimates that the state could allocate between $10 million and $80 million to fund these efforts. The measures “send a clear message to undocumented Californians that we won’t turn our backs on them,” said Hueso. “We will do everything in our power to protect them from unjustified deportation.” 

The measures would require a two-thirds majority to be enacted, and with Democrats holding the majority in the state Legislature, the bills are likely to pass. Gov. Jerry Brown has yet to comment specifically on the legislation, taking a more cautious tone at a press conference last week, according to the Los Angeles Times. “I’m going to take it step by step and work in a collaborative way, but also defend our principles vigorously,” Brown said. “I think that’s the wiser course of action.” The measures will be voted on next month.

California could become the second state to help fund legal assistance for immigrants facing deportation, following an approach first implemented in New York: In 2013, nonprofit groups in New York City piloted a program that gave free representation to immigrants who couldn’t afford lawyers at one of the city’s immigration courts. Within a year, attorneys in the project won almost 70 percent of their cases, and the approach was so successful that the city fully funded the program. The model inspired similar programs in New Jersey, Chicago, Los Angeles, and San Francisco.

“We have to provide representation for any noncitizen facing deportation proceedings. That’s how fairness works.”

Despite a recent interview in which Trump appeared to soften his stance toward deporting so-called Dreamers, or young immigrants brought to the United States illegally as children, immigration advocates say they are preparing for a mass deportation plan under his administration. Shortly after the election, Trump insisted he would deport immigrants who had committed crimes, saying he still planned to remove some 2 million to 3 million undocumented immigrants immediately. (A Migration Policy Institute report found that about 820,000 undocumented immigrants had criminal records, but some advocates worry Trump will broaden his definition of a “criminal” immigrant to include people who have been arrested—though not necessarily convicted of a crime—to gain popular support for deportations.) And his nomination of Jeff Sessions as attorney general and appointment of Kris Kobach as an immigration adviser to his transition team have also concerned immigration advocates.

Francisco Ugarte, a public defender in San Francisco, where community groups and the city’s public defenders have asked the city to set aside $5 million for free legal assistance, says the funding is desperately needed. “We have to provide representation for any noncitizen facing deportation proceedings,” Ugarte says. “That’s how fairness works.”

WE'LL BE BLUNT.

We have a considerable $390,000 gap in our online fundraising budget that we have to close by June 30. There is no wiggle room, we've already cut everything we can, and we urgently need more readers to pitch in—especially from this specific blurb you're reading right now.

We'll also be quite transparent and level-headed with you about this.

In "News Never Pays," our fearless CEO, Monika Bauerlein, connects the dots on several concerning media trends that, taken together, expose the fallacy behind the tragic state of journalism right now: That the marketplace will take care of providing the free and independent press citizens in a democracy need, and the Next New Thing to invest millions in will fix the problem. Bottom line: Journalism that serves the people needs the support of the people. That's the Next New Thing.

And it's what MoJo and our community of readers have been doing for 47 years now.

But staying afloat is harder than ever.

In "This Is Not a Crisis. It's The New Normal," we explain, as matter-of-factly as we can, what exactly our finances look like, why this moment is particularly urgent, and how we can best communicate that without screaming OMG PLEASE HELP over and over. We also touch on our history and how our nonprofit model makes Mother Jones different than most of the news out there: Letting us go deep, focus on underreported beats, and bring unique perspectives to the day's news.

You're here for reporting like that, not fundraising, but one cannot exist without the other, and it's vitally important that we hit our intimidating $390,000 number in online donations by June 30.

And we hope you might consider pitching in before moving on to whatever it is you're about to do next. It's going to be a nail-biter, and we really need to see donations from this specific ask coming in strong if we're going to get there.

payment methods

WE'LL BE BLUNT.

We have a considerable $390,000 gap in our online fundraising budget that we have to close by June 30. There is no wiggle room, we've already cut everything we can, and we urgently need more readers to pitch in—especially from this specific blurb you're reading right now.

We'll also be quite transparent and level-headed with you about this.

In "News Never Pays," our fearless CEO, Monika Bauerlein, connects the dots on several concerning media trends that, taken together, expose the fallacy behind the tragic state of journalism right now: That the marketplace will take care of providing the free and independent press citizens in a democracy need, and the Next New Thing to invest millions in will fix the problem. Bottom line: Journalism that serves the people needs the support of the people. That's the Next New Thing.

And it's what MoJo and our community of readers have been doing for 47 years now.

But staying afloat is harder than ever.

In "This Is Not a Crisis. It's The New Normal," we explain, as matter-of-factly as we can, what exactly our finances look like, why this moment is particularly urgent, and how we can best communicate that without screaming OMG PLEASE HELP over and over. We also touch on our history and how our nonprofit model makes Mother Jones different than most of the news out there: Letting us go deep, focus on underreported beats, and bring unique perspectives to the day's news.

You're here for reporting like that, not fundraising, but one cannot exist without the other, and it's vitally important that we hit our intimidating $390,000 number in online donations by June 30.

And we hope you might consider pitching in before moving on to whatever it is you're about to do next. It's going to be a nail-biter, and we really need to see donations from this specific ask coming in strong if we're going to get there.

payment methods

We Recommend

Latest

Sign up for our free newsletter

Subscribe to the Mother Jones Daily to have our top stories delivered directly to your inbox.

Get our award-winning magazine

Save big on a full year of investigations, ideas, and insights.

Subscribe

Support our journalism

Help Mother Jones' reporters dig deep with a tax-deductible donation.

Donate