Immigrant workers, often their family's only means of support, arrive in the U.S. isolated by language, culture and geography. They face many problems when living in a new country such as exploitation in the workplace, discrimination in host communities, and lack of access to human services. Their immigration status can be used by unscrupulous employers who take advantage of their susceptibility to deportation. They are denied the basic constitutional protections that U.S. citizens take for granted. In some states, undocumented immigrants are not eligible for workman’s compensation and have no recourse against job discrimination. In the past, deportation proceedings used to be a lengthy process, but new Department of Homeland Security rules have streamlined this procedure and in most cases deportations now occur quite rapidly.

In the U.S., there is no guaranteed right to government-funded legal representation in immigration court, regardless of a person's ability to pay. This differs from the criminal justice system, where legal counsel is guaranteed for indigent defendants. Most people in removal proceedings are unrepresented and must navigate complex immigration laws on their own, often against trained government prosecutors. For detained immigrants, the likelihood of a successful outcome is higher with representation. Lack of legal counsel can lead to devastating consequences for individuals, including family separation, loss of livelihood, and deportation to dangerous conditions. Advocates say undocumented immigrants should be granted legal rights including representation and due process in immigration hearings involving admissibility, removal and asylum cases, and also in criminal and civil cases that involve parole, bail and child custody.

Pending Legislation: H.R.3101 - Securing Help for Immigrants through Education and Legal Development Act or the SHIELD Act
Sponsor: Rep. Robert Garcia (CA)
Status House Committee on the Judiciary
Chair: Rep. Jim Jordan (OH)