Universal Representation: Systemic Benefits and the Path Ahead

According to the New York Immigrant Representation Study, 74 percent of immigrants had successful case outcomes when they had legal counsel and were not placed in detention, whereas only three percent had a successful outcome if they were detained and did not have representation. “Universal Representation: Systemic Benefits and the Path Ahead” describes the origin and current need for the universal legal representation model for immigrants in deportation proceedings. The author points out that the New York model has now spread to 15 jurisdictions in 9 states. The model uses a unique merits-blind intake mechanism prioritizing representation for indigent immigrants. The benefits of universal representation extend beyond the immigrant community to the adjudication system as a whole, as the author argues that the program actually changes the quality of justice by challenging system deficiencies and holding government prosecutors accountable. Author Lindsay Nash argues that various challenges must be addressed in order to increase representation for noncitizens. Moving toward a system that effectively covers non-citizens rather than relying on pro-bono work, as well as creating clear-cut means of prioritizing litigants for coverage, will ensure benefits to both immigrants and the legal system as a whole. (Stephanie DePauw for the ILC Public Education Institute)

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