LEGAL RIGHTS ORIENTATION
The Need
Few indigent detainees are able to obtain legal representation. CLINIC and its nonprofit
partners lack the resources to represent every deserving detainee who lacks a
lawyer. Detainees who lack a lawyer face deportation hearings alone, without
knowing whether they can assert a legal claim to remain in the United States, and
without information about how to assert any rights they might have.
CLINIC's Response
CLINIC and its partner organizations hold workshops in INS detention
facilities to inform detainees about their rights under immigration law.
These workshops help detainees decide whether they have legal
grounds to fight deportation, and, if so, help them to assert their
rights before the Immigration Court.
A legal rights orientation (also called a "Know Your Rights"
presentation) is a legal workshop by an immigration lawyer provided
to noncitizen detainees whom the INS is seeking to remove from the
United States.
The procedure for legal rights orientations varies between CLINIC
programs. In some detention facilities for adults, CLINIC lawyers
make a classroom-type presentation to a large group of INS
detainees, and then answer questions posed by the detainees. In
other facilities, specifically those housing noncitizen children,
orientation is conducted in the form of one-on-one consultations.
In the orientations, lawyers tell detainees what they can expect to occur in
Immigration Court. They then discuss the "charges," or infractions of immigration law,
that immigration authorities can bring against detainees to start the removal
(deportation) process. Workshops then cover "relief from removal": waiver
applications that a noncitizen may be able to make to an Immigration Judge which, if
approved, will permit the noncitizen to remain lawfully in the United States.
CLINIC also provides workshop attendees with written legal-orientation materials to
help prepare detainees for representing themselves in Immigration Court.
Workshops permit CLINIC to identify individuals who are particularly vulnerable or
have another compelling need for representation by a lawyer. As resources permit,
CLINIC lawyers represent vulnerable individuals directly, or will seek to find them pro
bono counsel. CLINIC lawyers provide extensive mentoring and technical assistance
for pro bono lawyers who take on cases.
In 2005, 286 such presentations
were made by CLINIC staff to.
over 6,300 adult and juvenile.
detainees.
415 Michigan Ave., NE
Suite 150
Washington, DC 20017
202.635.2556
202.635.2649 fax
media inquiries:
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(202) 635-5810
Photo: Steven Rubin