Legal Representation in Immigration Court
Our data contains 18.7 million representation records across 5.09 million unique cases. Yet only 26.7% of immigrants had a lawyer when removal orders were issued — meaning roughly 7.1 million people faced a trained government prosecutor alone.
Key Insights
Representations by Court
Representation by Court Level
Representation by Court
| # | Court | Attorney Records | % of Total |
|---|---|---|---|
| 1 | Los Angeles, CA | 1,397,847 | 7.5% |
| 2 | New York, NY | 1,092,401 | 5.9% |
| 3 | Miami, FL | 976,680 | 5.2% |
| 4 | San Francisco, CA | 632,066 | 3.4% |
| 5 | Chicago, IL | 601,754 | 3.2% |
| 6 | Houston, TX | 450,072 | 2.4% |
| 7 | Newark, NJ | 411,050 | 2.2% |
| 8 | BIA | 409,271 | 2.2% |
| 9 | San Antonio, TX | 405,221 | 2.2% |
| 10 | San Diego, CA | 382,120 | 2.0% |
| 11 | Harlingen, TX | 379,323 | 2.0% |
| 12 | Annandale, VA | 363,016 | 1.9% |
| 13 | Dallas, TX | 336,027 | 1.8% |
| 14 | Boston, MA | 314,046 | 1.7% |
| 15 | Seattle, WA | 256,455 | 1.4% |
The Core Problem
In criminal court, the Sixth Amendment guarantees an attorney. In immigration court — technically "civil" proceedings — there is no such right. The government prosecutes removal through trained ICE trial attorneys, while respondents are left to defend themselves.
Research consistently shows that represented immigrants are 5x more likely to win their cases. For asylum specifically, the gap is even wider — closer to 10x. This isn't just because lawyers cherry-pick strong cases. Controlling for case strength, the effect remains enormous.
Court vs. Board Level
The vast majority of representation occurs at the immigration court level (17.9M records). At the BIA appeals level, only 808K representation records exist. This means immigrants who lose their initial hearing often face the appeals process without legal help — at the exact moment they need it most.
Who Gets a Lawyer?
Representation isn't evenly distributed. It correlates with geography (major metros have more pro bono networks), custody status (non-detained have more time to find attorneys), community networks (established ethnic communities share referrals), and ability to pay ($5,000-$15,000+ per case).
Detained immigrants have the lowest representation rates — they're often held in remote facilities with limited phone access and no immigration lawyers nearby. This compounds the detention disadvantage.
The Cascade
No lawyer → can't navigate the system → miss hearings → in absentia removal order → permanent bar → can't reopen without a lawyer. The 26.7% representation rate drives the 2,162,444 in absentia orders, which drive the backlog, which overwhelms the 1,409 judges. It's all connected.