County Debates Funding Lawyers For Residents Facing Deportation

MONTGOMERY COUNTY, MD — The Montgomery County Council will debate Tuesday on whether they will fund lawyers to help defend local immigrants facing deportation. A public hearing on the issue is scheduled for May 1.

The special appropriation would designate nearly $374,000 from the county's general fund to provide legal representation for Montgomery County residents who have been detained for deportation proceedings and cannot otherwise afford an attorney, County officials said.

"This is our County’s attempt to ensure that all residents have the opportunity to protect their rights and ensure they are aware and able to assert any options that they have under the law," Council President Hans Riemer (D-At Large) said in a statement.

The money would be granted to the Capital Area Immigrants' Rights Coalition (CAIR), a Washington-based nonprofit that would provide the screening and legal representation, a memorandum states.

CAIR would hire attorneys and legal assistants to screen all detained County residents and provide trial-level representation to all eligible people.

The program would apply to immigrants facing deportation who have a household income at or below 200 percent of the federal poverty level — which is $12,140 for an individual and $25,100 for a family of four, The Washington Post reports.

Residents with serious criminal convictions — such as murder, rape, kidnapping, armed robbery or criminal gang involvement — would not be eligible for representation.

"Where prior Administrations focused immigration enforcement efforts on those with serious criminal convictions and others whom pose a threat to the community, this Administration is being indiscriminate in rounding up residents regardless of the lives they have built here or the value they add to the community," Riemer said.

The memorandum says the current model of providing representation to County residents through a pro-bono system is "grossly insufficient."

The CAIR Coalition screened 65 detained County residents in 2016, but could only represent four. Only seven could be represented in 2017. CAIR estimates that there will be between 85 and 90 detained immigrants unable to pay for counsel in 2018.

"Across the Country we have heard stories of residents being put in detention and deported who own houses, have businesses and have employees who rely on them, and leave families behind, including children who in many cases are US Citizens," Riemer said.

Prince George's County and the city of Baltimore currently fund legal representation for immigrants facing deportation, as well as New York City, Los Angeles, Oakland, Sacramento, Santa Ana, Atlanta, Columbus, Chicago, Denver, Austin and San Antonio.

The Washington Post points out: "Since deportation proceedings are civil, not criminal, matters, immigrants facing deportation are not entitled to publicly funded legal representation."

The Department of Justice recently announced plans to halt the Legal Orientation Program at the end of April. The program provides information and advice to immigrants at immigration detention enters, but not representation.