SACRAMENTO, Calif. — Lawyer Kamalpreet Chohan ran her finger down a list of 57 names of people scheduled to appear during a morning of hearings at the immigration court in California’s capital and pointed out one glaring absence. “None of these folks are represented,” she said. Chohan is the co-ordinator of a program that sends volunteer lawyers to immigration courts to assist people without representation and help them navigate the complicated legal system where the stakes are a future in America or deportation. Appearing without a lawyer opens up even greater risk under the second Trump administration, with the courts playing a key role in its mass deportation agenda. Courts are increasingly denying asylum, deportation officers have arrested immigrants in court hallways, the administration has packed courtrooms to cut backlogs and reduced lead time on hearings, prompting people to miss them. Data shows that legal representation can be vital to winning in court but many immigrants, unable to pay for a private lawyer or find a pro bono one, navigate the system without an attorney at their side. “Folks go into immigration court not knowing what’s happening. They come out not knowing what’s happening. And when there’s an attorney present,” Chohan said, “it’s just so helpful.” Immigrants aren’t provided an attorney but legal help makes a difference Unlike criminal court, there is no guaranteed lawyer in immigration courts. Immigrants have to hire one at a cost of thousands of dollars or hope to get represented by one of the nonprofit organizations assisting low-income immigrants. But waitlists with those organizations are long, and many parts of the country just do not have that many immigration attorneys. Of the roughly 3.2 million pending deportation cases currently in U.S. immigration courts, people in 52 per cent of those cases do not have a lawyer, according to an analysis of immigration court data by the Vera Institute of Justice, a think tank. A Congressional Research Service study from 2024 found that only 19 per cent of people who did not have a lawyer won asylum or another avenue to stay in the United States. Among those who did have a lawyer, 47 per cent were successful. “Having an attorney is just super critical to be able to navigate the system successfully,” said Adriel Orozco of the advocacy group American Immigration Council. Chohan said she frequently runs into people who have been scammed by lawyers or people posing as lawyers who take their money but do nothing for their case. “I will give him a list of attorneys who are free and we have vetted,” she told one man who said he was scammed. “They have long waitlists but he should still ask.” Speaking later to The Associated Press, the man described how he left Guatemala after being threatened by gangs and came to the U.S. in 2024 seeking asylum. Ever since, he said he has done everything that has been asked of him while he tries to make ends meet, occasionally painting houses. He spent US$4,500 on a lawyer who in the end did nothing to help him, he said. “He turned out to be a scammer,” said the man, who did not want to be identified for fear of endangering his case. He is worried about what comes next in court after being warned by the judge that he could be deported. “I don’t know what I’m going to do,” he said. A nonstop day of consulting with clients, shuttling back and forth into court Outside the Sacramento building where the court is housed is a long line of immigrants waiting for appointments with U.S. Immigration and Customs Enforcement, which is in the same building. Volunteers with a local anti-ICE resistance group stand ready to help. Upstairs, two immigration judges are on the bench. One hears the in-depth individual cases of immigrants who are pursuing their claim of asylum. The other judge has the master calendar docket, where dozens of immigrants will appear in brief hearings geared at making sure their case is ready to go to the next step. Signs taped to the wall remind people not to videotape or record inside the court complex. A security guard makes sure no one loiters in the hallways. Most people clutch stacks of papers documenting their cases. After immigrants file into the courtroom for their hearings, Judge Susan Phan introduces Chohan and describes the services her organization offers. “You are not required to meet with her but it is a rare opportunity that we have someone volunteering their time,” Phan said before launching into the day’s work. The need for a detailed asylum application Chohan, who works with the California Immigration Project, starts each hearing in the courtroom. She has a clipboard to take notes, extra copies of forms and a crate of books for restless children attending court with their parents. She spends the bulk of her time in the waiting room, talking to immigrants after their hearings and scanning their documents to flesh out what else they need. Speaking to one young man from Mexico, she asks to see his asylum application, noting that the judge had pointed out that it was not that detailed. “Sometimes judges can deny a claim if there isn’t enough detail,” she said through one of the organization’s volunteer translators. The organization frequently has clinics to help immigrants fill out their asylum application. Chohan said she will alert him to the next one. Another woman holding a stack of documents is there with her son and wanted to make sure her children could come with her if she is deported. Chohan also briefed her on what to expect at her upcoming asylum hearing and said the organization will send her an asylum filing guide. Chohan highlighted places on forms where people need to give answers or answer in more detail. It’s OK to write “none” but she advises them to not leave boxes blank. Everything submitted in Spanish must be accompanied by a translation into English that must be done by a person, not an automatic online translator. Copies of every single page of a passport must be submitted. Documents must be sent in two weeks before the applicant’s hearing so the judge can review them. Over and over, Chohan reminds immigrants to download their receipt showing they paid the $102 asylum application fee so they can submit it to the court. Chohan said a lot of these procedures and forms are discussed in court but it is happening so fast and immigrants are listening through a translator that they do not always understand what is happening. “A lot of times when they go into court, they’re just happy that they’re out of court and they’re not being arrested,” she said. A changing immigration court system Chohan has witnessed the upheaval in the immigration courts during Republican President Donald Trump’s second term. She was in the court hallways last summer when ICE officers waited to arrest immigrants after their hearings. Earlier this summer she watched as the administration started holding “mega masters,” hearings with dozens of respondents at a time that are meant to clear a backlog but have created chaos. Chohan said there are not enough pro bono lawyers in the Sacramento area to help everyone who needs one so the “Attorney of the Day” program is often the next best thing. She believes everyone should have access to a lawyer. Until that day, she said, the program “helps bridge that gap.” Rebecca Santana, The Associated Press
