Hiring immigration lawyers has become significantly harder in 2025. A record‑high court backlog, new enforcement policies that chill advocacy, the termination (and partial court‑ordered restoration) of legal‑access programs, revived courthouse arrests, and turnover among immigration judges all push demand up while straining the supply of qualified counsel. This article explains why the market tightened, what the law guarantees about representation, and—most importantly—what families can do now.
Our analysis draws on primary law and government sources, Congressional research, empirical datasets, and credible news reporting. Our team routinely advises families navigating federal detention and court‑access issues. Christopher Zoukis’s work on federal prison policy and courtroom logistics informs the practical guidance below.
Quick Answer Box
| Common question | Short answer |
|---|---|
| Do immigrants have a right to a free lawyer? | Generally, no. The Immigration and Nationality Act guarantees “the privilege of being represented, at no expense to the Government.” Judges must give a pro bono list, but there is no public defender system in immigration court. |
| Why is hiring immigration lawyers harder now? | The court backlog exceeds 3.4 million cases, while representation has fallen to ~30% of pending cases, and federal funding for key legal‑access programs was terminated in April 2025. |
| What is NQRP, and what changed in 2025? | The National Qualified Representative Program appointed trained representatives for detained people who were found to be incompetent in representing themselves. The DOJ terminated the program, but on July 21, 2025, a federal judge ordered the government to reinstate the policy nationwide. |
| Are courthouse arrests back? | Yes. The Department of Homeland Security rescinded “protected areas” limits and defended “common‑sense” courthouse arrests. |
| Does counsel change outcomes? | The court backlog exceeds 3.4 million cases, while representation has fallen to ~30% of pending cases. Counsel can improve outcomes and the speed of case resolution. |
At a Glance: Key Takeaways
- Historic Workload: Immigration courts list 3,446,855 pending cases in the FY2025 data.
- Representation is Down: At the end of 2023, only ~30% of people with pending cases had counsel (down from ~65% four years earlier).
- Legal‑Access Programs were Cut: The DOJ terminated funding for LOP, ICH, LOPC, FGLOP, and CCI, and curtailed NQRP; litigation continues.
- Courthouse Arrests Revived: DHS rescinded sensitive location limits, and arrests in and around courts have resumed.
- Judge Turnover and Pressure: Recent reporting describes multiple judge firings and EOIR guidance flagging “statistically improbable” outcomes for scrutiny.
- Detention is Up and Far from Lawyers: ICE detained ~58,766 people in early September 2025; ~70.8% had no criminal conviction.
Table of Contents
The Law: What the “Right to Counsel” Really Means in Immigration Court
Immigration proceedings are civil, not criminal. The statute guarantees the “privilege of being represented, at no expense to the government.” Judges must advise respondents of this right and provide a list of pro bono providers. See 8 U.S.C. § 1229a(b)(4)(A) and 8 C.F.R. § 1240.10. The Executive Office for Immigration Review (EOIR) maintains the official List of Pro Bono Legal Service Providers.
There are narrow safety valves. After litigation around the Franco-Gonzalez class, EOIR created the National Qualified Representative Program (NQRP) to appoint representatives for detained people found incompetent to represent themselves. DOJ terminated NQRP in 2025, but a federal court preliminarily enjoined the termination on July 21, 2025; the order requires reinstatement of the policy authorizing such appointments. Read the court’s injunction and the case summary.
Applied Insight: Families often assume immigration court works like criminal court with public defenders. It doesn’t. If detention is possible, start contacting lawyers immediately, and use the official pro bono list while you also reach out to private counsel.
The Capacity Crunch: Why Hiring Immigration Lawyers Is Harder in 2025
A Record Backlog and Fewer Represented Cases
The numbers alone explain part of the squeeze. As of mid‑2025, the immigration court backlog hovered around 3.45 million cases. During the same period, representation among pending cases fell to roughly 30% (down from ~65% just four years earlier), a decline researchers attribute to too few attorneys relative to surging demand.
Detained cases are even more challenging to staff. ICE’s daily detained population climbed to ~58–59k in summer 2025, with ~70% of detainees having no criminal conviction, and many are held in remote locations far from immigration lawyers.
Data Snapshot (2025)
| Measure | Latest Figures |
|---|---|
| Pending immigration court cases | 3,446,855 |
| Share with counsel (pending, Dec. 2023) | ~30% (down from ~65%) |
| People in ICE detention (Sept. 7, 2025) | 58,766 daily; 70.8% with no criminal conviction |
Geography, Detention, and Time
Distance from legal hubs worsens the hiring problem. Scholars document how detained‑court dockets isolate respondents from counsel and family, depressing representation rates and case success. See Eagly & Shafer’s recent work on detained immigration courts. Long wait times and venue transfers multiply the obstacles.
Applied Insight: In detained cases, organized paperwork wins attention. A concise case timeline, bond‑relevant documents (ties, employment, medical records), and contact sheets make it easier for a constrained attorney to accept your case quickly.
Policy Shifts That Make Access to Immigration Counsel Harder
1) Sanctions Posture Targeting Attorneys
On March 21 and 22, 2025, the White House announced “Preventing Abuses of the Legal System and the Federal Courts,” directing DOJ and DHS to prioritize sanctions and discipline against attorneys litigating “frivolous” cases, citing Rule 11. See the White House fact sheet and the presidential memorandum. Bloomberg Law and the ABA Journal warned of chilling effects on immigration advocacy.
2) Termination of EOIR Legal‑Access Programs (LOP, ICH, LOPC, FGLOP, CCI) and Limits on NQRP
In April 2025, the DOJ issued termination notices to the Acacia Center for Justice, shutting down the Legal Orientation Program (LOP) and related initiatives. The CRS explainer tracks the stop‑work orders in January, contract terminations in April, and subsequent litigation—culminating in a July 21 preliminary injunction restoring NQRP’s policy nationwide. For a contemporaneous snapshot, see the policy tracker’s termination entry and LA Times coverage on program shutdowns and “replacement” offerings.
Why this matters for hiring immigration lawyers: These programs were a lifeline for unrepresented people and a feeder to pro bono and low‑cost counsel. Without them, attorneys spend more time doing basic orientation and triage—time they cannot bill and cannot spread across many cases.
3) Courthouse Enforcement Returns
DHS rescinded sensitive‑locations restrictions and promoted “common‑sense courthouse arrests.” The agency also posted updated protected‑areas guidance reflecting the new directive. Civil‑rights groups filed suits alleging ambush arrests and harmful detention conditions around court appearances. See local reporting on San Francisco arrests and conditions.
Effect on representation: Courthouse enforcement increases client fear of appearing without an attorney and forces lawyers to devote scarce hours to safety planning rather than case preparation, reducing capacity to take on new matters.
4) Judge Turnover and Outcome‑Monitoring Memos
The Associated Press and NBC reported firings of immigration judges in 2025, often in high‑volume courts. EOIR also issued memoranda referring to “statistically improbable” outcomes and pretermission of legally insufficient asylum applications. While EOIR frames these moves as efficiency measures, they contribute to perceptions of pressure and instability, which deter some practitioners from accepting complex cases.
5) Military Lawyers as Temporary Immigration Judges
In September 2025, the Pentagon authorized detailing up to 600 military lawyers to serve as temporary immigration judges, drawing immediate concern from senators and court observers about training, independence, and the Posse Comitatus Act.
Practical Implication: Fast‑tracking adjudication with rotating temporary judges does not reduce the need for counsel—it raises it. Shorter timelines and unfamiliar dockets increase the premium on immediate, well‑documented filings.
Why Hiring Immigration Lawyers Matters (and the Evidence Behind It)
Rigorous, peer‑reviewed research confirms that representation changes outcomes:
- In a national dataset, detained respondents with lawyers were up to 10.5 times more likely to obtain relief than those without.
- Representation also correlates with court appearance. Vera’s dashboard and research show very high appearance rates among represented people (e.g., 97% in some samples).
The CRS summarizes the baseline accurately: immigration law guarantees the right to hire counsel, not to be provided one at government expense; limited appointment programs, including NQRP, are the exception.
A Step‑by‑Step Plan: How to Find and Keep Counsel When It’s Hard
Even in a tight market for hiring immigration lawyers, a disciplined process helps:
- Start Early, Contact Widely. Reach out to multiple lawyers and nonprofit providers at the same time. Ask about your specific relief (asylum, cancellation, VAWA, SIJS, CAT) and venue. Use EOIR’s pro bono list.
- Document Everything. Create a one‑page timeline with key dates (entries, notices, police or court contacts), attach identity documents, country‑conditions articles, and medical records, and save scans.
- If Detained, Secure Communication Channels. Detention policies vary; track call restrictions and legal‑visit issues and share them with counsel. TRAC’s detention quick facts can help you understand where your facility sits in the national picture.
- Plan for Courthouse Risks. Verify warrants, coordinate transportation, and plan exits if ICE might be present. Review DHS’s posture on courthouse arrests and local litigation updates.
- Know the Narrow Appointment Paths. If a loved one in detention has serious mental health impairments, ask counsel about competence evaluations under NQRP and the July 2025 order requiring reinstatement.
- Act Fast on Prior Counsel’s Errors. Matter of Lozada sets the framework for reopening based on ineffective assistance. The requirements are technical and time‑sensitive. Read the BIA decision and practice guidance and speak to new counsel promptly.
- Avoid Notario Fraud. Verify bar membership and EOIR authorization. See EOIR’s practitioner rules and resources.
Helpful Internal Resources
- How to find a qualified federal defense attorney
- Maintaining attorney–client communications from custody
- Our prison consulting services for detention‑related planning
Applied Insight: When you contact multiple firms, lead with clarity: your next hearing date, whether anyone is detained, the relief you seek, and a list of documents you can provide this week. Clarity trims screening time and increases your chances of hiring an immigration lawyers.
Policy Solutions Policymakers Control (Now)
- Stabilize Legal Access Funding. The Legal Orientation Program (LOP) and related initiatives have decades of bipartisan support because they reduce continuances and increase compliance. Congress should restore and protect funding.
- Fully Implement the NQRP Order. DOJ should uniformly implement the court’s July 21, 2025, order and issue public guidance to judges and providers.
- Protect Court Access. Through public guidance and transparent reporting, DHS should limit courthouse enforcement to exceptional circumstances.
- Reinforce Judicial Independence. Policymakers across the legal community continue to urge Congress to create an independent Article I immigration court to reduce politicization. See the Federal Bar Association model and ABA resources.
When Criminal and Immigration Systems Intersect
Even minor criminal charges can transform an immigration case. Coordinate defense and immigration strategies early. For clients facing federal custody, our internal guide on prison communications explains how to maintain attorney–client contact and protect privilege.
Representation matters here, too. The evidence shows that represented people more reliably appear in court and are better positioned to pursue relief.
Hiring Immigration Lawyers FAQs
Is it true that judges are being fired for granting too many asylum cases?
Recent reporting documents significant judge firings and EOIR memoranda referencing “statistically improbable” outcomes that could trigger scrutiny. Motives are contested, but concerns about independence are real.
Will the government give me a lawyer if I can’t find one?
Generally no. You have the right to hire counsel at your own expense; judges must give you a pro bono list. NQRP provides appointments only for detained people found incompetent to represent themselves, which was enforced through a court-ordered reinstatement in July 2025.
Does hiring immigration lawyers really improve my chances?
Yes. Rigorous studies show that detained respondents with counsel are far more likely to secure relief, and representation correlates with very high appearance rates.
What happened to EOIR’s Legal Orientation Program (LOP)?
DOJ terminated the contracts in April 2025; litigation is ongoing. CRS summarizes the timeline and legal posture.
Can ICE arrest me at the courthouse?
DHS revived courthouse arrests; policies and lawsuits vary by location. Speak with counsel to plan a safe appearance.
I think my prior lawyer made major mistakes. What can I do?
Ask new counsel about a Lozada motion to reopen. It requires an affidavit, evidence, and (often) a bar‑complaint filing or explanation.
What’s the story with military lawyers serving as immigration judges?
The Pentagon authorized the use of up to 600 military lawyers as temporary immigration judges, which has raised legal and policy concerns.
Where can I see current backlogs and detention numbers?
Visit TRAC’s Immigration Court Quick Facts and Detention Quick Facts.
Does the government ever pay for lawyers in immigration court?
Outside NQRP and a few narrow contexts (e.g., some child‑focused programs have been terminated), there is no general government‑paid counsel in immigration court.
If I can’t hire right away, is it better to wait?
Waiting is risky. Rules change, notices can shift venues, and courthouse arrest risks persist. Use the plan above to move quickly.
Your Immigration Lawyer Team
The bottom line: hiring immigration lawyers is more difficult now, but it is also more critical than ever. The law guarantees your right to be represented—but not at government expense. Acting early and strategically is crucial with a strained bar, revived courthouse arrests, and accelerated dockets. Use the step‑by‑step plan above, organize your documents, and contact multiple lawyers simultaneously.
If your matter involves federal criminal investigations, detention, sentence computation, or reentry planning, our team can help you triage risks and protect your rights. Schedule a one‑hour initial consultation with Elizabeth Franklin‑Best, P.C.
Published Sep 24, 2025 by Christopher Zoukis, JD, MBA | Last Updated by Christopher Zoukis, JD, MBA on Sep 24, 2025 at 10:13 am