Courthouse News has identified nearly 100 cases this year in which the government was ordered to pay attorney’s fees to an immigrant it unlawfully detained, totaling more than $1.1 million.

you are viewing a single comment's thread
view the rest of the comments
[–] [S] 9 points 3 months ago

I realize this point might not be obvious:

Adults in immigration detention are not entitled to be appointed a lawyer.

To win attorneys' fees, the immigrant has to hire a private lawyer. That lawyer has to file a habeas petition. They have to win the habeas petition. A court has to find that the detention was unlawful. Then, they have to move for attorneys' fees as a sanction after the case is over, and it's an uphill battle to win that.

  • source