By The American Immigration Council

The Torrance County Detention Facility (Torrance) is one of approximately 200 facilities across the United States where Immigration and Customs Enforcement (ICE) detains immigrants with pending removal proceedings. Located in the rural New Mexico desert, this detention facility holds a notorious reputation for its inhumane living conditions and for the speed at which individuals detained there go through their removal proceedings, often without adequate legal counsel. Despite these noted abuses, in September 2021, ICE placed over 100 Haitian migrants into Torrance while they awaited removal proceedings. For months thereafter, the media continued to report on a variety of obstacles Haitians endured in detention including inadequate access to legal counsel.

Due to the increase in complaints from individuals being held at Torrance, the American Immigration Council (The Council) sought to ascertain whether particular barriers to due process exist for Haitian nationals, as well as to investigate the overall treatment of Haitian nationals at Torrance. The request sought data related to individuals detained at Torrance from January 1, 2021, including arrest/apprehension information, immigration status, biographic information, detention history, and release information. ICE responded by providing data between January 1, 2021 and November 17, 2022, and this is what we found when we analyzed it:

ICE's Use of Racial Classifications Are Unreliable, Labeling Most Detained Individuals “White:” Individuals in detention at Torrance represented 54 different countries spanning five different continents. However, 86 percent of individuals detained at Torrance were categorized as racially “white.” The data suggests that ICE failed to systematically document the race of detained individuals.

Africans Had the Highest Lengths of Detention at Torrance: Because ICE’s race categorizations proved unreliable, researchers grouped detained individuals by continent to measure the impact geographic location has on detention lengths. The data showed that African migrants had the highest lengths of detention.

ICE Officers Continued to Populate Torrance Despite Multiple Warnings: During the reviewed time period, ICE had substantial warning signs that Torrance was not equipped to house detained migrants through failed inspections, COVID surges, staffing shortages, and even

government oversight agency reports recommending shutting the facility down. Despite these warning signs, the data showed that ICE continued to detain migrants at Torrance, putting them at risk.

Oversight Efforts Seemingly Reduced the Detained Population at Torrance—But Only Temporarily: The data shows that between August and November 2022, a period that included the suicide of Kesley Vial at Torrance and a government report calling for the closing of Torrance, the population of Torrance consistently decreased. However, in December 2022, ICE began repopulating the facility.

Washington, DC: The American Immigration Council, 2024. Published: October 24, 2024

By Emily Ryo and Reed Humphrey

Removal proceedings are high-stakes adversarial proceedings in which immigration judges must decide whether to allow immigrants who allegedly have violated U.S. immigration laws to stay in the United States or to order them deported to their countries of origin. In these proceedings, the government trial attorneys prosecute noncitizens who often lack English fluency, economic resources, and familiarity with our legal system. Yet, most immigrants in removal proceedings do not have legal representation, as removal is considered to be a civil matter and courts have not recognized a right to government­appointed counsel for immigrants facing removal. Advocates, policymakers, and scholars have described this situation as an access-to-justice crisis or a representation crisis for immigrant communities. The prevailing wisdom suggests that the solution to this crisis is more lawyers or more nonlawyer practitioners, such as accredited representatives and legal technicians, who can provide affordable and quality legal services. The focus, therefore, has been on the ubiquity of "legal deserts," commonly defined as areas that are in shortage of lawyers, and on ways to increase the supply of legal service providers in the marketplace.

This Article presents an empirical study of legal representation that unsettles this prevailing wisdom by showing why an adequate supply of legal service providers is a necessary, but not a sufficient, condition to address the representation crisis. Our study uses a new and original dataset that we compiled for the purposes of this study on immigration lawyers and non-detained immigrant respondents in removal proceedings. Our findings suggest that although the focus on the supply­side dimension of the representation crisis is important, it obscures other complex sets of barriers to obtaining legal representation that are distinct from the problem of legal deserts. Specifically, our empirical analyses show that whether a non-detained immigrant respondent obtains legal representation is predicted by where they reside, their primary language, and the size of their conational social networks, controlling for the availability of practicing immigration lawyers in close proximity to their places of residence and other potential confounders. In short, we argue that geography, language, and networks are destiny for immigrant respondents when it comes to obtaining legal representation. Thus, addressing the representation crisis requires looking beyond the problem of legal deserts to attend to a variety of other hurdles to obtaining legal representation that are associated with certain geographical, linguistic, and social isolation in which many immigrants live.

101 North Carolina Law Review 787-840 (2023), 54 pages

By Donald Kerwin and Evin Millet

This study examines the legal capacity available to low-income immigrants on national, state, and sub-state levels. Legal professionals working in charitable immigration service programs serve as the study’s rough proxy for legal capacity, and undocumented immigrants its proxy for legal need. The Center for Migration Studies of New York (CMS) compiled data on charitable immigration programs and their legal professionals from the:

• US Department of Justice’s (DOJ’s) “Recognized Organizations and Accredited Representatives Roster by State and City,” which is maintained by the Executive Office for Immigration Review’s (EOIR’s) Office of Legal Access Programs (OLAP).

• Directories of two leading, legal support agencies for charitable immigration legal programs, the Catholic Legal Immigration Network, Inc. (CLINIC) and the Immigrant Advocates Network (IAN).

CMS supplemented and updated these sources with information from the websites of charitable immigration programs. It also added legal programs to its dataset that did not appear in any of these lists. It counted as legal professionals, attorneys, federally accredited non-attorneys, paralegals, and legal assistants. The paper finds that there are 1,413 undocumented persons in the United States for every charitable legal professional and far less capacity than the national average in:

• States such as Alabama (6,656 undocumented per legal professional), Hawaii (4,506), Kansas (3,010), Georgia (2,853), New Jersey (2,687), Florida (2,681), North Carolina (2,671), Virginia (2,634) and Arizona (2,561).

• Metropolitan areas (MAs) such as Riverside-San Bernardino-Ontario (5,307), Dallas-Fort Worth Arlington (4,436), Phoenix-Mesa-Scottsdale (3,439) and Houston-The Woodlands-Sugar Land (3,099).

• San Bernardino County (6,178), Clark County (4,747), Riverside County (4,625), Tarrant County (3,955) and Dallas County (3,939).

The study’s introduction summarizes its top-line findings. Its first section describes the importance of charitable immigration legal programs to immigrants, families and communities. Its second details the study’s findings on charitable legal capacity and immigrant need. Its third compares the legal capacity of 1,803 charitable legal programs and their 7,322 legal professionals, with the US undocumented population by state and for the 15 largest MAs and counties. Its fourth describes CMS’s research methodology and data sources. The paper ends with policy recommendations on how to expand legal capacity for low-income immigrants and better assess legal capacity and need moving forward.

Journal on Migration and Human Security 2022, Vol. 10(3) 190-214

By Valeria Gomez

Using the procedural due process framework set forth by the Supreme Court in Mathews v. Eldridge, I argue that the current geographic distribution of immigration courts violates respondents’ rights to procedural due process by inhibiting their ability to appear, present evidence, and secure counsel. In so doing, I highlight the detrimental effects that geography has on remote communities, such as their ability to build pipelines towards access to counsel. Finally, I weigh and propose alternative solutions that balance the government’s interests in efficiency with the respondents’ interests in having a meaningful opportunity to avoid the harsh consequences of deportation.

Wisconsin Law Review, 2023. 45p.