Putting TRAC to Work
  Legal and Scholarly
Stanford University Press

Governing Immigration Through Crime
By David Manuel Hernandez and edited by Julie A. Dowling and Jonathan Xavier Inda

Detainees' experiences with detention are mediated by the unequal treatment at these sites as well as within the immigration court system, affecting access to counsel and visitation, the pace of legal proceedings, and the length of stay in detention. For example, a report by Syracuse University's Transactional Records Access Clearinghouse (TRAC, 2006) determined that immigration judges' decisions in asylum cases vary widely: some judges deny asylum as much as 98% of the time, and some as little as l0%. Unlike the criminal courts, the constitutional right to legal counsel is not guaranteed in immigration proceedings. As a result, as few as 11 percent of immigrant detainees have legal representation in the immigration courts (Miller, 2002,215). In asylum court, for example, the failure rate for an asylum-seeker without legal representation is 93.4% (TRAC, 2006). [Citing TRAC research].

Transactional Records Access Clearinghouse, Syracuse University
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