The passage earlier this year of the controversial Arizona state law that criminalizes not carrying immigration documents and broadens local police authority to enforce immigration laws has established immigration as one of the most divisive and prominent issues in our nation. Although U.S. District Judge Susan Bolton recently enjoined some aspects of the law, the heated debate around immigration continues to raise ire in Arizona and beyond. Regardless of one’s political views, the issue — and Arizona’s law in particular — further highlight some serious flaws that have long been present in the current immigration system. And these flaws are underscored by the significant need for legal assistance in this area. Fortunately, we are seeing law firms undertaking immigration pro bono work in record numbers.
Firms have been motivated to take on more immigration cases and projects for a variety of reasons. First, there is simply more work to do in this area than ever before. In his Orison S. Marden Lecture before the New York City Bar Association in 2007, Judge Robert Katzmann of the U.S. Court of Appeals for the 2d Circuit noted that “dockets have virtually doubled in the last couple of years as a consequence of an avalanche of immigration cases.” And while demand is higher, resources are, unfortunately, fewer. Nonprofit groups that receive funding from the Legal Services Corp., for example, are barred from serving certain categories of immigrants, in turn creating a desperate need for law firm assistance. What’s more, in addition to immigrants needing assistance with deportation and asylum matters and citizenship cases, we are seeing more complex issues, more people needing help and more ways to deliver it.
