Immigrants who lack counsel face an uphill battle in obtaining release from arbitrary immigration. The Equal Access to Justice Act (EAJA) incentivizes attorneys to take cases on a pro bono basis because it makes attorney’s fees available to people who prevail in a civil lawsuit against the federal government. EAJA thus limits arbitrary, unlawful, and abusive government action by removing financial barriers for people challenging unjustified government actions. The tens of thousands of people currently in immigration detention are exactly the kind of under-resourced litigants whose challenges to government action EAJA was designed to facilitate.

The Robert and Ethel Kennedy Human Rights Center signed on to an amicus brief in the U.S. Court of Appeals for the Tenth Circuit, urging the court to hold that EAJA applies to cases challenging arbitrary immigration detention through habeas corpus.

What is the legal argument in this case?

Habeas proceedings challenging civil immigration detention are “civil actions” as defined in the EAJA statute. The amicus brief explains how individuals in civil immigration detention often lack access to counsel, facing lengthy civil detention in inhumane conditions of confinement. Access to counsel is crucial for detainees to navigate the complex legal regimes governing immigration detention.

What is the status of this case?

The Tenth Circuit Court of Appeals held that successful habeas petitions challenging unlawful immigration detention are eligible for fees under EAJA.

December 20, 2024