The right to a fair trial and legal representation are considered cornerstones of our country. The Sixth Amendment ensures this, with defendants having the right to an attorney in criminal court. However, this protection does not extend to deportation trials, where deportation is considered a civil matter, meaning that immigrants do not have an automatic right to government-appointed legal representation if they cannot afford a lawyer. This creates a significant legal disadvantage for people facing deportation, where more than two-thirds of all immigration cases involving children happen without a lawyer, leaving the most vulnerable without the tools they need to defend themselves. Thousands of unaccompanied minors, some too young to fully understand the language or charges against them, face the grim reality of navigating complex legal proceedings without an attorney.
Attorneys should be provided in all immigration trials to create a fair judicial process. The role they play is crucial, as 73% of children facing deportation who have an attorney are allowed to remain in the country, compared to just 15% of those without representation. Immigrants with an attorney are also 15 times more likely to get relief from removal, while being five-and-a-half times more likely to succeed in their cases than immigrants navigating the process alone.
While providing legal representation for immigrants is costly, the consequences of not doing so are far greater. A lack of legal representation leads to prolonged court proceedings, an overburdened judicial system and the unjust deportation of individuals who might otherwise have a legitimate chance to remain in the country. Cases take longer when defendants lack representation because the unrepresented individual may struggle with understanding the legal procedures, submit incomplete or incorrect documentation and require more time from judges to explain the legal process. These delays have caused New York alone to have 350,000 immigration cases piled up, and the average wait time for a hearing is up to four years. Without legal representation, cases drag on, creating bottlenecks and overwhelming the courts.
New York greatly benefits when immigrants are given paths to citizenship, rather than purely focusing on removal procedures. The total cost of deporting the 53,000 New Yorkers currently slated for removal would result in an estimated $40 billion loss in New York State’s gross domestic product over the next decade. In contrast, if those immigrants were to remain, it would generate a total benefit of $8.4 billion in new tax revenues for our local, state and federal governments.
Following Trump’s mass deportation plan, New York City Mayor Eric Adams has claimed that undocumented New Yorkers do not have the right to due process under the U.S. Constitution. This statement is legally incorrect and dismissive of fundamental rights enshrined in our Constitution, which protect every individual on U.S. soil, regardless of their immigration status. This includes the Fifth Amendment, which guarantees protection from self-incrimination in court, and the 14th Amendment, which provides “equal protection under the law” to any person. By undermining these fundamental rights, Adams is perpetuating Trump’s harmful narrative that only some are worthy of protection under U.S. law. Undocumented immigrants facing life-changing consequences in deportation proceedings deserve and are entitled to the same protections as U.S. citizens and residents.
New York has the opportunity to lead the nation in enforcing a standard for justice and compassion in immigration court. The Access to Representation Act, which would provide funding for legal representation for undocumented immigrants in civil court cases, would ensure that every individual — particularly children and those from vulnerable communities — has access to a fair trial in what can be an unfamiliar and intimidating environment. This is not just about protecting immigrants, it’s about upholding the values of fairness and due process that define our legal system.
As students and residents in New York City, we have a role to play in advocating for the state Senate and governor to pass the Access to Representation Act. New York’s future depends on ensuring justice for all its residents. By passing this legislation, we can protect the rights of our immigrant neighbors by creating a more just and equitable legal system for everyone.
WSN’s Opinion section strives to publish ideas worth discussing. The views presented in the Opinion section are solely the views of the writer.
Contact Steven Wang at [email protected].