SACRAMENTO, Calif. — During a morning session at the immigration court in California’s capital, lawyer Kamalpreet Chohan observed a significant issue. As she reviewed a list of 57 individuals scheduled for hearings, she noted, “None of these folks are represented.”
Chohan coordinates a program that deploys volunteer attorneys to assist unrepresented immigrants in navigating the intricate legal system, where the outcome could be either staying in America or facing deportation.
Representation Deficit in Immigration Courts
The lack of legal representation poses a heightened risk in immigration courts, especially under the Trump administration’s second term. The courts are integral to its extensive deportation strategy. Recent trends show an increase in asylum denials, arrests of immigrants in court corridors, packed courtrooms to reduce backlogs, and shortened lead times for hearings, potentially causing missed appearances.
Statistics reveal that having legal representation can significantly impact court outcomes. However, many immigrants cannot afford private lawyers or find pro bono assistance, leaving them to face the system alone. “Folks go into immigration court not knowing what’s happening. They come out not knowing what’s happening. And when there’s an attorney present, it’s just so helpful,” Chohan emphasized.
The Importance of Legal Representation
In contrast to criminal courts, immigration courts do not provide attorneys. Immigrants must either hire one, often at a high cost, or hope for representation from nonprofit organizations, which are often overwhelmed with long waitlists. Furthermore, many regions lack sufficient immigration attorneys.
Data from the Vera Institute of Justice indicates that 52% of approximately 3.2 million pending deportation cases in U.S. immigration courts lack legal representation. A Congressional Research Service study from 2024 found that only 19% of unrepresented immigrants succeeded in winning asylum or other relief to remain in the U.S., compared to 47% of those with legal representation.
Adriel Orozco from the American Immigration Council stated, “Having an attorney is just super critical to be able to navigate the system successfully.”
Chohan often encounters immigrants who have been deceived by fraudulent lawyers or impostors who exploit their clients without aiding their cases. Speaking to The Associated Press, an asylum seeker from Guatemala shared his experience of being scammed by a lawyer for $4,500. “He turned out to be a scammer,” the man, who remained anonymous due to concerns for his case, said, expressing his uncertainty about his court future.
A Day in the Immigration Court
At the Sacramento court, immigrants line up for U.S. Immigration and Customs Enforcement appointments. Volunteers from local anti-ICE groups offer assistance. Inside, Judge Susan Phan introduces Chohan and her program’s services to the court attendees, emphasizing that while participation is not mandatory, it is a valuable opportunity.
Chohan, representing the California Immigration Project, begins each session in the courtroom, equipped with a clipboard, forms, and materials for children. She dedicates her time to consulting with immigrants in the waiting area, reviewing their documents, and identifying additional needs.
In conversations with immigrants, she stresses the importance of detail in asylum applications. “Sometimes judges can deny a claim if there isn’t enough detail,” she explains, with translation assistance. The organization regularly hosts clinics to support immigrants in completing their applications.
Chohan also advises immigrants on procedural necessities, such as ensuring translations accompany all Spanish documents, submitting complete passport copies, and filing documents two weeks before hearings. She reminds them to submit their $102 asylum application fee receipt to the court.
Chohan notes that despite court discussions about procedures, the rapid pace and language barriers often leave immigrants confused. “A lot of times when they go into court, they’re just happy that they’re out of court and they’re not being arrested,” she said.
Challenges under the Current Administration
Chohan has observed considerable changes in immigration courts during President Trump’s second term. She witnessed ICE arrests in court hallways and chaotic “mega masters” hearings designed to expedite backlogged cases.
Due to a shortage of pro bono lawyers in Sacramento, the “Attorney of the Day” program serves as a crucial alternative. Chohan advocates for universal access to legal representation but acknowledges the program’s role in mitigating the gap until that goal is achieved.
