WASHINGTON, D.C. — Immigration advocates are raising concerns about new policies implemented by the Trump administration that they say could further restrict due process protections for immigrants facing deportation proceedings, warning the changes may make legal representation more difficult to obtain and increase barriers within the immigration court system.
According to a statement released this week by the Vera Institute of Justice and the National Partnership for New Americans, the Department of Homeland Security has issued a directive allowing the federal government to pursue civil penalties against asylum seekers and their attorneys based on allegations of immigration-related document fraud.
The policy was announced as part of the administration’s efforts to address what it describes as “asylum fraud.” Advocates, however, argue that the directive could discourage attorneys from representing asylum seekers and create additional obstacles for individuals attempting to navigate the immigration court system.
The announcement comes as immigration courts in some jurisdictions have reportedly begun scheduling what advocates refer to as “mega master” hearings. Under this practice, more than 100 individuals may be required to appear before an immigration judge during a single court session to address their cases.
Legal advocates contend that these large-scale hearings make it more difficult for individuals to understand court proceedings, communicate with judges and effectively present their claims. They argue that the practice reduces opportunities for meaningful participation in an already complex legal process.
According to advocacy groups, immigrants without legal representation appear to be particularly vulnerable to being placed in these hearings. More than half of individuals facing deportation proceedings reportedly do not have attorneys representing them in immigration court.
Unlike criminal courts, immigration courts do not provide government-funded attorneys for individuals who cannot afford legal representation. As a result, many immigrants must either secure private counsel, rely on nonprofit legal services or represent themselves during proceedings that can determine whether they remain in the United States.
Advocates argue that the absence of a universal right to counsel creates significant disadvantages for people facing removal. They say recent policy changes could further increase those challenges by making legal representation more difficult to obtain.
Nicole Melaku, executive director of the National Partnership for New Americans, criticized the administration’s approach, arguing that targeting immigration attorneys could undermine fairness within the legal system. She stated that attorneys play a critical role in ensuring individuals understand their rights and are able to present their cases in court.
Melaku also argued that efforts to combat alleged asylum fraud should not come at the expense of due process protections. According to her statement, the federal government’s actions risk expanding deportation efforts while limiting safeguards designed to ensure fair hearings.
Concerns have also been raised about the impact of “mega master” hearings on case outcomes. Critics argue that large-group hearings prioritize speed over individualized review and may increase the likelihood that individuals will miss important information or misunderstand court instructions.
Shayna Kessler, director of the Advancing Universal Representation initiative at the Vera Institute of Justice, stated that the hearings are designed to accelerate deportation proceedings rather than provide meaningful access to the courts. She argued that the practice creates confusion and may contribute to higher rates of detention and removal.
The debate reflects broader disagreements over immigration enforcement policies during President Donald Trump’s second term. The administration has pursued expanded detention and deportation efforts while emphasizing stricter enforcement measures throughout the immigration system.
Advocacy organizations have responded by calling for greater investment in legal representation for immigrants. They argue that ensuring access to counsel is essential for protecting due process rights and maintaining fairness within immigration courts.
The Vera Institute of Justice and the National Partnership for New Americans are among the organizations supporting the Fairness to Freedom Act, proposed federal legislation that would establish a right to legal representation for immigrants facing deportation proceedings. Supporters say the measure would help address disparities in access to legal counsel and strengthen procedural protections in immigration court.
As immigration policies continue to evolve, advocates say the debate over legal representation and due process is likely to remain central to discussions about the future of the U.S. immigration system.
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