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Federal immigration courts fall under the Department of Justice under the executive branch, not the judicial branch, so the federal government is generally not required by law to provide those facing proceedings in immigration court with legal counsel. Only 37 percent of immigrants have a lawyer when they go to court, according to the American Immigration Council.
Additionally, the nation's immigration court system is facing a growing backlog of cases that has exceeded 3 million with each judge assigned an average of 4,500 cases, according to Transactional Records Access Clearinghouse at Syracuse University.
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