Do Lawyers Pay for Themselves? - Migration Policy Institute
Do Lawyers Pay for Themselves?
A Cost-Benefit Analysis of Providing Public Counsel in Immigration Removal Proceedings
Dr. John D. Montgomery Senior Vice President
Immigration Law and Policy Conference October 21, 2014
How Do Lawyers Affect Removal Proceedings?
Benefits (Cost Savings) of Providing Public Counsel
The Effect of Lawyers
Lawyers Would Make Proceedings More Efficient and More Accurate
Reduced Detention Time:
? Detainees would no longer need continuances to seek legal counsel (and extend their stays in detention)
? Detainees without much chance for relief would have their cases adjudicated more quickly
? More respondents would secure release through bond and thus largely avoid detention
Higher Win Rates ? More respondents would win their cases and fewer would be deported
2
Detention Cost Savings
As a baseline, Legal Orientation Program (LOP) saves an average of 11 days of detention per detainee
Detainees who would otherwise seek but fail to find representation (34%) would save 13 days
Detention costs an estimated $159-161 per detainee per day
Lawyers would eliminate an estimated 1.1 million detention days, saving $174 million per year
3
$173-$174 Million in Annual Detention Cost Savings
DHS ICE FY14 Detention Budget
$2 Billion
Baseline Detention Reduction $81 Million
Continuance Avoidance Savings $94 Million
4
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