Legal Representation in Deportation Cases: What You Need to Know

As promised, enforcement of U.S. immigration laws in the second Trump administration, including raids, arrests, detention and deportation, is happening at a vigorous pace all across the country. The administration has also made no secret about targeting immigrants in so-called liberal or democratic cities such as Los Angeles, Chicago, and Washington, D.C. It seems only a matter of time until New York City shows up in DHS/ICE crosshairs.

Facing deportation is one of the most stressful and life-changing experiences an immigrant can endure. Many people assume that the rights they have in criminal court also apply in immigration court, but that is not the case. Immigration proceedings are considered civil, not criminal, which means immigrants facing removal do not enjoy all of the same protections as criminal defendants. Understanding when you are entitled to legal representation, what those rights look like at each stage, and why having an attorney makes a crucial difference can help you protect yourself and your loved ones in this uncertain time.

Learn more below about your rights to legal representation during removal proceedings and the stages running up to removal. For practical advice and immediate assistance, contact Gladstein & Messinger, P.C., to speak with an experienced and effective New York deportation defense immigration lawyer.

Do Immigrants Have a Right to an Attorney When They Are Detained?

Unlike in criminal cases, where the Sixth Amendment guarantees defendants the right to free legal counsel if they cannot afford one, immigrants in deportation proceedings do not have the same protection. You do have the right to be represented by an attorney, but at your own expense. The government will not provide you with a free lawyer, even if you are detained and unable to afford one.

This fundamental difference often leaves immigrants at a disadvantage. According to studies, immigrants with legal counsel are far more likely to succeed in obtaining bond, securing relief from removal, or winning their cases in court than those who represent themselves.

Representation at Different Stages of the Process

ICE Detention

Once Immigration and Customs Enforcement (ICE) detains you, you have the right to contact an attorney. Unfortunately, ICE does not always make this easy, particularly when detainees are transferred to remote detention facilities far from family and legal resources. Still, at this stage, an attorney can begin preparing your defense, request your immigration file, and communicate with ICE officers about your case.

Bond Hearings

If you are eligible for a bond, an attorney can represent you at your bond hearing before an immigration judge. The judge will decide whether you can be released while your case is pending and, if so, how high the bond should be set. Having a lawyer advocate on your behalf by presenting evidence of family ties, community involvement, and lack of danger or flight risk dramatically increases your chances of being granted a fair bond amount.

Removal Proceedings in Immigration Court

This is the stage where the government attempts to prove that you are removable and, if so, whether you qualify for any relief. Immigration judges are supposed to advise you of your right to an attorney and provide a list of legal aid organizations. But unlike criminal court, if you cannot afford an attorney, you must still proceed without one. An experienced lawyer can raise defenses to deportation, challenge the government’s evidence, and argue for relief such as asylum, cancellation of removal, or adjustment of status.

Appeals

If an immigration judge orders you removed, you have the right to appeal to the Board of Immigration Appeals (BIA) and, in some cases, to federal court. These appeals are complex and highly technical, and the chances of success without an attorney are slim. Skilled legal representation can mean the difference between deportation and a second chance at staying in the U.S.

Comparing Immigration and Criminal Proceedings

In criminal court, the Constitution guarantees certain rights: the right to a speedy trial, the right to confront witnesses, and, critically, the right to government-appointed counsel. Immigration proceedings lack many of these protections. For example:

• No free lawyer: Immigrants must find and pay for their own attorney.
• No jury trial: An immigration judge alone decides the case.
• Lower evidentiary standards: The government’s burden of proof in removal cases is less demanding than in criminal prosecutions.
• Indefinite detention risk: Unlike criminal custody, where bail or sentencing provides structure, immigrants can be detained for months or even years while cases proceed.

These differences mean that immigrants in deportation proceedings face some of the harshest consequences imaginable—loss of family, livelihood, and community—without the full suite of protections criminal defendants enjoy.

Why Having a Lawyer Matters

The numbers tell the story. Multiple studies, including reports from the American Immigration Council, have found that immigrants with attorneys are up to 10 times more likely to win their cases compared to those without representation. They are also significantly more likely to be released on bond and better able to present claims for relief such as asylum, withholding of removal, or cancellation of removal.

An attorney does more than just speak on your behalf in court. A lawyer can:

• Investigate the facts of your case.
• File motions to suppress evidence obtained unlawfully.
• Gather critical documents such as proof of family ties, employment, or community service.
• Navigate the complicated web of immigration statutes and case law.
• Appeal unfavorable decisions and preserve your rights at every step.

Without representation, many immigrants simply do not know what defenses are available to them, and they risk being deported when relief may have been possible.

Take Action to Protect Yourself Today

If you or a loved one is facing deportation, time is of the essence. From the moment of ICE detention through the final appeal, every stage of the process can shape the outcome of your case. Don’t go through this alone. At Gladstein & Messinger, P.C., we are dedicated to providing strong, effective representation for immigrants fighting to stay in the United States. Call us today to schedule a consultation and take the first step toward protecting your future.