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Abstract

Demonstrated by the clear need for counsel in immigrant removal proceedings, it is evident the present system leads to inadequate legal representation.  This flawed system is inadvertently eliminating potential economic benefits the United States could derive from immigrants if they were not detained or deported. Presently, minors are deported to countries ravaged by violence, undocumented soldiers who bravely fought for our freedom are deported, and the talents of highly skilled and educated immigrants go to waste because they fear deportation while thousands more immigrants languish in detention.  Combined, these children, soldiers, and highly educated and trained immigrants have the potential to make significant contributions to the American economy if they are able to succeed in their immigration proceedings.  But, without access to legal counsel, the likelihood of these individuals remaining in the country is greatly diminished.

Accordingly, this Comment demonstrates the economic opportunities the United States squanders each year by failing to provide counsel to certain immigrants in removal proceedings, and proposes a way to partially rectify the situation.  Section II introduces the history of legal representation available to undocumented immigrants in the United States.  Section II also examines the implications of congressional enactments and judicial opinions on immigrant representation, as well alternative proposals debated in Congress and academia. Section III discusses the potential economic benefits that can be realized from providing legal counsel in removal proceedings.  Section IV proposes an amendment to the Immigration and Nationality Act, which would provide legal representation to unaccompanied minors and other economically valuable immigrants.  Section V gives brief treatment to potential sources of funding for the amendment.

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