Publications

Practice Advisory: Ethical Duties in Immigration Cases After Funding Loss

The Trump Administration seeks to eliminate federal funding for certain types of immigration work which directly impacts many immigration legal service providers. The likely result of federal funding elimination is that some legal service offices will be forced to close, while others will have to reduce staff to sustain operations. This Practice Advisory highlights and offers ideas to address the ongoing and unique ethical considerations for immigration practitioners at all levels of staff and for organizations as a whole. The Advisory overviews duties to existing clients, new and prospective clients, and the availability of withdrawal as an option and includes relevant ABA Formal Ethics Opinions as appendices.

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Practice Advisory: Access to Individuals in Immigration Detention for Group and Pre-Representation Consultations

The Trump Administration's recent changes to immigration detention policy have prompted concerns and queries from practitioners and advocates trying to access potential clients and unrepresented individuals held in detention facilities. This Practice Advisory offers practitioners the tools to navigate meeting or speaking with individuals held in a variety of immigration detention settings. It orients practitioners on how to access non-clients and how to advocate for access where obstacles arise.

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Border Primer March 2025 Update: Immigration Enforcement Mechanisms at the U.S. Border

The U.S. southern border has been the subject of a great deal of scrutiny by policy makers, legislators, the federal judiciary, and the media. This primer aims to provide a broad introduction to the various current and past enforcement mechanisms employed at the U.S. southern border. Given the many recent and anticipated changes since the inauguration, we have updated the Primer with a short insert highlighting the current state of policies impacting border enforcement. Major contributions were given by Commission members Denise Gilman, Melissa Crow, Deena Sharuk, as well as Commission staff.

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Electronic Monitoring of Migrants: Punitive not Prudent

Across the United States every day, hundreds of thousands of migrants find themselves in de facto detention due to electronic monitoring. A global positioning (GPS) device affixed to their ankle or a cellphone in their pocket with the SmartLINK application tracks their every move. The Government asserts that its use of electronic monitoring, as part of the Alternatives to Detention (ATD) program, is a cost-effective alternative to detaining migrants to ensure that they attend all their Immigration Court hearings, report as required for immigration check-in appointments, and submit to removal from the country, if so ordered. Despite the name, however, electronic monitoring programs are not true alternatives to detention. They are an expansion of detention that imposes a significant financial cost on taxpayers and a considerable human toll on the participants and their family members.

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2023 Survey Results on Adherence to ABA Unaccompanied Children Standards are Available Now!

In August 2023, the American Bar Association’s (ABA) Commission on Immigration (COI) and the ABA Children’s Immigration Law Academy (CILA) conducted a national survey to assess compliance with the ABA Standards for the Custody, Placement, and Care; Legal Representation; and Adjudication of Unaccompanied Children in the United States (ABA UC Standards). The results of that survey are now available to download.

Download the Survey Results - Here

PRACTICE ADVISORY: Common Obstacles when Representing Afghans in Immigration Proceedings

This practice advisory is intended to orient practitioners navigating common obstacles in the representation of Afghan asylum-seekers in the United States. The advisory illuminates the complexities of these matters by discussing the historical context of the crises in Afghanistan, common types of Afghan asylum cases; commonly applied bars to asylum; potential ethical issues; considerations for Afghans arriving at the Southern border; and an appendix of tools and resources.

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Guide For Family & Friends Of Individuals In ICE Detention

When a friend or family member is arrested and placed in immigration detention, it can be devastating. It is common for family and friends to wonder: What happens next? What are my loved one’s rights? What resources are available to help them? This guide describes Immigration and Customs Enforcement’s (ICE) responsibilities to detained individuals.

Download The Guide - Here

Pro Bono Matters for Children Facing Deportation

Thousands of children must face immigration judges each year without appointed counsel. With representation, asylum seekers have a five times greater chance of winning their case. Follow the link for pro bono opportunities nationwide to support children. Funded by the Vera Institute of Justice, "Pro Bono Matters for Children Facing Deportation" allows lawyers to search and share available pro bono cases for unaccompanied children (UC) detained by the federal government or released to live with family members while in deportation proceedings.

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ICE Detention Standards: Immigration Detention Facilities’ Responsibilities and Detained Individuals’ Rights: A Guide for Practitioners

This resource was envisioned and drafted by COI Special Advisor Dora Schriro, to help inform practitioners who work with individuals in ICE detention centers about ICE detention standards. We are very proud to offer this resource because it does not only summarize the most salient detention standards, but it also provides useful information on how and where to make complaints when individuals’ rights are violated.

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Achieving America’s Immigration Promise: ABA Recommendations to Advance Justice, Fairness and Efficiency

This document lays out the ABA’s top policy recommendations in the immigration system for the Biden administration. The document is divided into five sections, all priority areas for ABA policy and advocacy efforts: I. Reform the administrative adjudication process; II. Ensure access to counsel: III. Minimize reliance on immigration detention; IV. Restore humanitarian protections; and V. Preserve the rights of unaccompanied immigrant children.

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