By Jaclyn Kelley-Widmer and  Alisa Whitfield

Immigrants held in United States detention centers experience a de facto denial of their right to access to counsel. The 38,000 immigrants detained each day are largely held in remote facilities, where they experience extremely poor—often abusive—conditions; the inability to contact counsel or prepare their cases; and a legal framework that is stacked against them. Many scholars have studied the overlapping challenges detained immigrants face in a hostile regime and have proposed solutions ranging from ending immigration prison to providing universal representation for all those detained to revising legal rationales for detention. These ideas are good ones. However, as we work towards such goals, tens of thousands remain detained with little recourse. As a partial way to bridge that gap, we argue for a transformative, collaborative model of access to justice that focuses on community empowerment and combines the work of organizers, attorneys, and law students in clinics.

 This article uniquely blends both theory and practical perspectives to advance a theory of abolition-minded provision of legal services in detention. First, we explore the legal right of access to counsel for detained immigrants, with an overview of Constitutional and international human rights models. We then examine the severe barriers to this counsel that immigration detention creates. We then use theories of abolition and legal pedagogy to explore an innovative and critical model for expanding justice in immigration detention. We propose primary goals of increasing access to counsel, empowering communities, and supporting organizing to work towards the end of immigration detention.

 This article was inspired by our experiences representing detained immigrants in a clinical setting, with law students, and in coalition with agencies and organizers working on the ground. Through examples, stories, and even photographs, we weave in insights from this ongoing collaborative project to advance a framework for bridging the immigration detention justice gap.

Cornell Legal Studies Research Paper 25-18, 2024