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Fact check: What rights do immigrants have when attending mandatory court appearances?

Checked on June 11, 2025

1. Summary of the results

Immigrants have several fundamental legal rights during mandatory court appearances, including:

  • The right to choose self-representation or legal counsel, though not at government expense [1]
  • Access to a list of pro bono legal service providers [1]
  • At least 14 days notice before hearings [2]
  • The right to appeal Immigration Judge decisions to the Board of Immigration Appeals [2]
  • The right to be informed of charges against them and have a reasonable opportunity to be present [2]

2. Missing context/alternative viewpoints

Several critical contextual elements are missing from the original question:

  • Access vs. Rights Gap: While immigrants have the theoretical right to legal representation, approximately 70% lack actual legal representation in immigration court [3]
  • Appearance Rates Context:
  • The majority of immigrants have historically attended their court hearings over the past two decades [4]
  • Those with legal representation have "nearly perfect" court attendance rates [4]
  • Asylum seekers specifically show high attendance rates, even without representation [4]
  • Procedural Protections:
  • Hearings can be either public or private based on the immigrant's preference [2]
  • Various forms of legal relief are available during proceedings [2]

3. Potential misinformation/bias in the original statement

The original question's framing could lead to several misconceptions:

1. It implies a simple list of rights, when in reality there's a significant gap between theoretical rights and practical access. While immigrants have the right to representation, they must secure it at their own expense [1], leading to a high percentage of unrepresented cases [3]

2. The question doesn't acknowledge the systemic issues that affect court appearances. Poor hearing notices, rather than willful non-compliance, can result in removal orders [4]

3. The question might suggest that immigrants frequently fail to appear, when data shows that most do attend their hearings, particularly when they have legal representation [4]

Those benefiting from these misconceptions might include:

  • Private detention facilities that profit from the narrative of flight risk
  • Political actors who benefit from portraying immigrants as non-compliant
  • Legal service providers who can charge higher fees due to limited pro bono options
Want to dive deeper?
Do immigrants have the right to legal representation in immigration court proceedings?
What happens if an immigrant fails to appear at a mandatory court hearing?
Can immigrants request interpreters during mandatory immigration court appearances?
What are the consequences of not having proper legal counsel in immigration court?
How do immigration court procedures differ from criminal court procedures regarding defendant rights?