Gideon's Migration

33 Pages Posted: 11 Apr 2013 Last revised: 25 Sep 2015

Ingrid V. Eagly

University of California, Los Angeles (UCLA) - School of Law; University of Oxford - Border Criminologies

Date Written: April 9, 2013

Abstract

For the past fifty years, immigration law has resisted integration of Gideon v. Wainwright’s legacy of appointed counsel for the poor. Today, however, this resistance has given way to Gideon’s migration. At the level of everyday practice, criminal defense attorneys appointed pursuant to Gideon now advise clients on the immigration consequences of convictions, negotiate “immigration safe” plea bargains, defend clients charged with immigration crimes, and, in some model programs, even represent criminal defendants in immigration court. A formal right to appointed counsel in immigration proceedings has yet to be established, but proposals grounded in the constitution, statutes, and expanded government funding are gaining momentum.

From the perspective of criminal defense, the changing role of Gideon-appointed counsel raises questions about the breadth and depth of immigration assistance that should develop under the defense umbrella. From the perspective of immigration legal services, the potential importation of a Gideon-inspired right to counsel requires consideration of the appropriate scope and design for an immigration defender system. This Essay does not attempt to resolve these challenging questions, but rather provides a framework for further reflection grounded in lessons learned from the criminal system’s implementation of Gideon.

Keywords: Gideon v. Wainwright, Padilla v. Kentucky, civil right to appointed counsel, immigration, public defender

Suggested Citation

Eagly, Ingrid V., Gideon's Migration (April 9, 2013). 122 Yale Law Journal 2282 (2013); UCLA School of Law Research Paper No. 13-10; Criminal Justice, Borders and Citizenship Research Paper No. 2247607. Available at SSRN: https://ssrn.com/abstract=2247607

Ingrid V. Eagly (Contact Author)

University of California, Los Angeles (UCLA) - School of Law ( email )

385 Charles E. Young Dr. East
Los Angeles, CA 90095-1476
United States

University of Oxford - Border Criminologies ( email )

Manor Road Building
Manor Rd
Oxford, OX1 3UQ
United Kingdom

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