Aliens and Effective Assistance of Counsel

Padilla v. Kentucky - U.S. Supreme Court 2010
State v. Gaitan & Goulborne - NJ 2012
2010-2011 Report of NJ Supreme Court Criminal Practice Committee

8 U.S. Code § 1362  Right to counsel (at no expense to government)

State Department - Traffic in Persons
Note Section 213 and 232 of the 2008 Act

(5) Access to counsel
The Secretary of Health and Human Services shall ensure, to the greatest extent practicable and consistent with section 292 of the Immigration and Nationality Act (8 U.S.C. 1362), that all unaccompanied alien children who are or have been in the custody of the Secretary or the Secretary of Homeland Security, and who are not described in subsection (a)(2)(A), have counsel to represent them in legal proceedings or matters and protect them from mistreatment, exploitation, and trafficking. To the greatest extent practicable, the Secretary of Health and Human Services shall make every effort to utilize the services of pro bono counsel who agree to provide representation to such children without charge.
(6) Child advocates
(A) In general
The Secretary of Health and Human Services is authorized to appoint independent child advocates for child trafficking victims and other vulnerable unaccompanied alien children. A child advocate shall be provided access to materials necessary to effectively advocate for the best interest of the child. The child advocate shall not be compelled to testify or provide evidence in any proceeding concerning any information or opinion received from the child in the course of serving as a child advocate. The child advocate shall be presumed to be acting in good faith and be immune from civil liability for lawful conduct of duties as described in this provision.

Franco Gonzales v. Holder (2013) (disabled right to representation)
DOJ EOIR has implemented changes as a result of this case
Check those regs and EOIR reports on representation, etc.
The Office of the Chief Immigration Judge has a list of free legal services programs

Vera Institute

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