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Migrants Promised Access to Counsel Largely Denied Representation in Expedited Asylum Screenings

Overview

  • Advocacy groups and attorneys report that only a small fraction of migrants have secured legal representation during expedited asylum screenings, despite administration promises of guaranteed access to counsel.
  • Jones Day, a large law firm partnering with the administration, has only taken on two formal clients but handled hundreds of phone consultations. Other groups provided limited phone advice.
  • The percentage of migrants passing initial asylum screenings has decreased, and a lawsuit seeks to halt the screenings due to lack of attorney access.
  • Thousands of asylum screenings have reportedly occurred, but the administration has not disclosed the total number conducted in Border Patrol custody.
  • While the Biden administration ended a Trump-era program of extremely fast screenings, the current process still moves too quickly for most migrants to obtain counsel, groups argue.