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A recent study of more than 1.2 million deportation cases decided between 2007 and 2012 found that only 37% of all noncitizens (and only
14% of detained noncitizens) had an attorney (Eagly & Shafer, 2015). Individuals with attorneys had far better case outcomes: “the odds were fifteen times greater that immigrants with representation, as compared to those without, sought relief, and five‐and‐a‐half times greater that they obtained relief from removal” (Eagly & Shafer, 2015: 2). Concerns have also been raised about the indefinite and long‐term detention of certain groups of noncitizens. As a reminder, detained individuals are not serving a sentence, but rather being held administratively while their deportation cases unfold. Because detention is legally considered nonpunitive, there are no constitutional limits on thelength of time an individual can be detained;2 as a result, individuals can be held mandatorily for the entirety of their removal proceedings. In 2013, Immigration and Customs Enforcement (ICE) detained approximately 10,000 individuals for 6 months or longer....[citing TRAC data and reports].
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