(01 Apr 2025)
Properly conveying one’s story through language may be important in many legal contexts but is
especially crucial in immigration proceedings. Individuals with limited English speaking proficiency
start with a disadvantage since personal testimony is often pivotal in immigration decisions,
especially in situations involving a
claim of asylum. While obtaining legal representation is crucial, numerous barriers prevent certain individuals from
accessing legal services, one of them being language.
Using court records on each completed case in Immigration Court. the Transactional Records Access
Clearinghouse (TRAC) reports on the observed patterns between the language spoken, representation
rates, and outcome.
Since the beginning of FY 2025, noncitizens have received legal counsel in about 38 percent of all
immigration cases overall. Among languages with at least 1,000 completed cases, Punjabi-speakers are
the most often represented in Immigration Court cases at 84 percent. Mandarin-speakers have the
second-highest rate of receiving counsel, with representation in about 75 percent of cases.
Spanish-speakers have been represented in only 34 percent of cases so far this fiscal year while
Creole-speakers are the least-often able to access legal counsel, receiving representation in only 21
percent of cases.
FY 2025 has seen a drop in representation in Immigration Court generally, but speakers of some
languages, including Russian, Portuguese, French, and Turkish, have experienced higher rates of
representation in the last five months than in the previous four years. In contrast, representation
for Arabic-, Creole-, and Spanish-speaking noncitizens have dropped off by ten percentage points or
more during the same period.
Focusing just on those who were ordered removed, language again is seen to make a difference. Among
cases which ended with a removal order, 93 percent of Creole-speakers went unrepresented.
Spanish-speakers were unrepresented in more than 85 percent of cases that resulted in a removal order,
while English speakers were unrepresented in 70 percent of their cases.
TRAC is a self-supporting, nonpartisan, and independent research organization specializing in
data collection and analysis on federal enforcement, staffing, and spending. We produce multiple
reports every month on critical issues, and we also provide comprehensive data analysis tools.
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To know more about our work, click
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