Understanding Pro Se Immigration
Navigating the immigration system is difficult, but doing it alone exacerbates the systemic inequalities immigrant communities are forced to confront. That is the reality for a significant portion of community members with pending immigration cases in Chicago. Need for representation has far outpaced resources across the city: only 1 in 4 of the 77,000 immigrant community members with pending cases in Chicago has formal legal representation. This growing disparity has real life implications for community members, such as missed notices to appear and lack of clarity around next steps. Beyond has a long history of working alongside our community partners to support individuals representing themselves in court — also known as pro se representation — should other options prove unavailable. However, recent policy shifts have created rapidly changing realities for pro se litigants as the broader system for immigration advocacy is under fire.
Understanding Pro Se Immigration Cases
Pro se immigration cases where community members appear in court by themselves provide a closer look into the injustices of immigration court in this current moment. Critical to this discussion is the reality that the U.S. immigration system does not guarantee the right to an attorney. Emergent data from a study of immigration courts in Chicago demonstrates the deep disparity between immigrants forced to represent themselves today, versus those with legal representation who are about five times more likely to achieve the necessary outcome in their cases that allow them to stay in the U.S.
An Ever Changing Landscape
On top of the aforementioned disparities exacerbated by the attacks against immigrant communities’ rights to due process, immigration courts across the country are experiencing sweeping procedural changes. “Mega master hearings” are instances where 100 or more people are scheduled for calendar hearings simultaneously. These hearings appear to increasingly target people without legal representation as a means of depriving rights and liberties. This approach has severe consequences for community members in combination with factors such as not receiving proper notice of rescheduled hearings or understanding next steps. This manufactured storm often means that it can be difficult for community members to know how and when to check the online court portal, when to appear, and how to navigate a confusing bureaucracy that seems intentionally made to deprive and disempower. The regressive tactics being rolled out by the U.S. immigration system means community members are more frequently receiving removal orders from judges. The lack of clarity for community members trying to understand this system is compounded by “Notice to Appear” documents for recent arrivals with no specific hearing date. Community members now wrestle with intentionally sown confusion when making some of the most important decisions of their life.
Inflated hearings and an increase in removal proceedings present a situation where the needs of community members outnumber the available resources in the broader legal landscape. As one advocate underscores, “the growth in the number of removal proceedings has increased so quickly that it’s outstripped the growth in the number of lawyers available to represent people”.
When pro se community members go to immigration court, they may hear from a judge directly that they need to return with an attorney. This directive from judges can set community members up for failure in numerous ways. In attempts to follow directions from immigration judges, community members may believe that if they do not have a lawyer, they will not be allowed to appear in court again. A failure to appear then leads to judges ordering the deportation of community members. According to Beyond staff attorney Alix Carl, an additional risk that comes from an attempt to seek counsel is “community members who are desperate to find legal help may fall victim to scammers posing as lawyers,” leaving them in a more vulnerable position than before with even less resources. The immigration system in this way punishes pro se community members on multiple fronts, and not only fails to support the ideals of due process and the rule of law, but actively hinders them.
Beyond’s Role
At Beyond, we work side by side with our 24 community partners to provide a range of immigration services ranging from advice to direct representation. Based on the needs of community members and in coordination with community partners, Beyond has met this moment by offering trainings on navigating the pre-immigration court process for families, how to complete vital paperwork, and answering community questions if legal representation was not an option due to capacity constraints.
This intentional, community-centered work allows us to transfer the power and knowledge that attorneys have into the hands of community members, regardless of whether an attorney represents them; and that empowerment is critical, now more than ever. Beyond also operates a national, 24/7 Immigration Helpline (872-267-2252) in recognition and service to those across the U.S. who live in legal aid deserts, though many calls also come from Chicago residents who can’t find any support elsewhere. Our helpline provides free, confidential legal screenings to callers all over the country and at home.
When faced with pivotal life cases and decisions, Beyond often serves as a legal life-line of last resort, supporting community partners and connecting community members to the essential resources they need to navigate the assault on immigrant rights. Whether it be completing filings and forms, creating connections to long-term legal support, delivering Know Your Rights workshops, and Family Emergency Preparedness education, we extend legal empowerment beyond the courtroom, hand in hand with communities under fire.
Today, you can support our vital work to defend immigrant communities. Visit here to join us in the fight.