Report: Immigration Representation Falls, Varies by State
Report: Immigration Representation Falls, Varies by State
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Key Points
1
Unlike in criminal proceedings, the federal government is represented by counsel in Immigration Court, but the government generally is not required to provide attorneys for immigrants who cannot afford one.
2
The number of immigrants represented in completed Immigration Court cases peaked in fiscal 2024, then declined in fiscal 2025 and fiscal 2026 as case demand continued to grow.
3
The Massachusetts court said a Form I-213 is comparable in important respects to a police report and held that it cannot support a flight-risk finding when it has been rebutted and lacks corroborating evidence. The court also found that the petitioner’s decision to flee a vehicle stop out of fear did not, by itself, establish flight risk for bond purposes.
4
In the attorney-fee case, the Massachusetts court rejected the government’s request to delay ruling while a potentially relevant Supreme Court case was pending, noting that the respondents offered no supporting authority or reasoned basis for a stay.
5
The court reduced the requested Equal Access to Justice Act award after rejecting the D.C.-based Laffey Matrix as evidence of prevailing rates in Boston, noting that Massachusetts federal judges had previously found the matrix unsuitable for establishing local market rates.
Immigrants in the US Immigration Court system are losing access to legal representation at a rapid rate. Only 24% of immigrants had lawyers when removal orders were issued in August 2026, down sharply from 63% in fiscal 2021, according to TRAC. The decline comes as court cases pile up faster than attorneys can handle them.
Where immigrants live now determines their chances of getting a lawyer. Maine leads with 70.5% of immigrants represented in recent cases, while other states lag far behind. Two recent Massachusetts court decisions show what happens when immigrants lack proper legal help — and what courts do to fix it.
Representation Peaked in 2024, Then Fell Sharply
Immigration Court representation hit its high point in fiscal 2024, then dropped in 2025 and 2026 as case demand exploded. TRAC data shows the gap between lawyers and cases kept widening. Unlike criminal court, the government provides attorneys for immigrants who can't afford them only in rare situations. The federal government always has lawyers present, but immigrants must find and pay for their own.
Maine Leads Nation in Immigrant Legal Representation
Maine stands out with 70.5% of immigrants represented in newly filed cases — far ahead of most other states. Local efforts to expand legal aid programs explain Maine's higher rates. These programs show what happens when communities invest in helping immigrants navigate the court system. Other states have not matched Maine's commitment to legal access.
Massachusetts Court Rejects Weak Evidence of Flight Risk
A Massachusetts federal court ordered an immigrant's release after finding the government's case for keeping them detained had fatal flaws. The government relied on a Form I-213 — an immigration enforcement document similar to a police report — to claim the immigrant posed a flight risk. The court ruled this form cannot support that claim when the immigrant presents evidence against it and the form lacks outside corroboration.
The court also rejected the government's argument that simply fleeing a vehicle stop proves flight risk. Fear during a traffic stop, the judge wrote, does not automatically mean someone will skip immigration court. The immigrant was released after the court determined the government had not met its burden of proof.
Court Cuts Attorney Fees, Rejects D.C. Rate Standard
In a separate case, a Massachusetts court awarded $4,546.62 in attorney fees under the Equal Access to Justice Act — less than the government requested. The court rejected using the Laffey Matrix, a standard pay scale from Washington D.C., to set rates for Boston cases. Federal judges in Massachusetts had already found this D.C.-based matrix does not reflect what lawyers actually charge in the Boston area.
The court also refused the government's request to delay the decision while a potentially relevant Supreme Court case was pending. The judge noted the government offered no legal authority or reasoned argument for why the court should wait. The ruling moved forward immediately.
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