NJPP: Legal Representation in Immigration Courts Leads to Better Outcomes, Economic Stability

REPORT RELEASE: Legal Representation in Immigration Courts Leads to Better Outcomes, Economic Stability

TRENTON (June 19, 2018)  – As children are separated from their families on the US-Mexico border, many immigrant families are left to navigate the legal system without adequate representation. A new report by New Jersey Policy Perspective analyzes the benefits of universal representation on immigrant families, communities, and the broader economy.
The reportLegal Representation in Immigration Courts Leads to Better Outcomes, Economic Stabilityincludes a breakdown of immigrants with and without legal representation, the subsequent difference in legal outcomes, and data on the impact of immigration detention on immigrant families, their employers, and the broader economy. The report also highlights the cost of detention on the state budget, including foregone income taxes and costs associated with caring for children of detained or deported parents.
Key findings:

  • In New Jersey, individuals detained for civil immigration violations are three times as likely to prevail in their cases when they have legal representation. With legal representation, they are also twice as likely to be released prior to the end of their removal proceedings.
  • New Jersey employers pay $5.9 million in turnover-related costs annually as they are forced to replace detained or deported employees.
  • New Jersey’s economy would lose $18 million in wages and $1.6 million in total tax revenue annually from detained immigrants.
  • Annually, detentions and deportations cost New Jersey approximately $732,000 in child health insurance and $203,000 in foster care for children of detained or deported parents. This total annual cost of nearly $1 million does not include the long-term costs associated with child trauma, development, and health conditions from deporting their parents.

“While children are separated from their families at the border, states like New Jersey must take the lead in saying that this practice is not acceptable or in line with our values,” said Erika Nava, policy analyst at New Jersey Policy Perspective and author of the report. “By providing universal legal representation, New Jersey can lead in the fight to keep families together. Providing legal services for immigrants has positive impacts in the communities where immigrants reside, as deportations not only hurt the individuals, but also their families and local economies. Creating a universal representation program that expands access to counsel for detained immigrants will not only bolster New Jersey’s immigrant families, but the broader state economy.”

It is contrary to our system of law and notions of justice and due process that detained immigrants, often with long-standing ties to this country, should face deportation proceedings without a lawyer, solely because they are indigent,” said Lori A, Nessel, Professor of Law and Director of the Seton Hall Law School Center for Social Justice. “Basic fairness demands that all detained immigrants should have a lawyer by their side, particularly given the family separation that is often at stake. Providing access to counsel dramatically increases detained immigrants’ ability to successfully seek relief from deportation and to rejoin their families and contribute to the economy.”

“A publicly funded universal representation program for immigrants detained in New Jersey is critical to preserve the due process rights of all immigrants, including long-time New Jersey residents, families who would be devastated by their loved one’s deportation, and recently arrived immigrants fleeing violence and persecution in their home countries, all of whom would otherwise have to represent themselves in Immigration Court,” said Nicole Miller, Legal Services Director at American Friends Service Committee. 

Read the report here:
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