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President Biden has recently made public the decision to expand access to legal representation and court systems by reinstating some of the initiatives shuttered during the previous administration. By signing a new presidential memorandum on May 18, 2021, the Federal Government officially expressed its commitment to support immigrants and individuals from vulnerable groups and minorities needing assistance in the judicial field.
According to the rules in place, in immigration courts, immigrants have no right to government-appointed legal representation. Such a restriction applies to all immigrants, regardless of their age. Therefore, over the last years, the provision was also enforced towards minors, including those who had to participate in the deportation hearings arranged in the application of Former-President Trump’s “zero tolerance” policy. The enforcement of such framework has thus generated, so far, racial disparities in the American immigration legal system, preventing thousands of people facing removal from joining the support of a legal counsel.
The new presidential memorandum aims to reestablish legal support for more than 11 million undocumented immigrants currently living in the United States, finally giving them a voice. While, for years, NGOs have offered their legal services to immigrants primarily relying on the generous economic contributions of private individuals and legal firms’ pro bono activity, the presidential intention to expand the Department of Justice’s work in providing more access to justice can represent a real turning point in the immigration field.
The efforts promised by the White House must be seen as the first step towards a more substantial racial equality. Yet, more needs to be done. A fair and just judicial system can be established only by making prosecutors aware of the widespread racism and xenophobia in American society and training public defenders to offer tangible assistance to people in real need. Reality cannot be ignored.
By Simone Maria Russo