Trends in Legal Representation of People Facing Deportation in U.S. Immigration Court

March 26, 2026

This fact sheet analyzes historical and recent trends in legal representation for people facing deportation in U.S. immigration court, using Executive Office for Immigration Review (EOIR) case data updated through December 2025.

Overall, the number of deportation cases with representation has increased substantially since 2008, reflecting growth in legal service capacity and rising need. Representation counts grew from under 100,000 for cases initiated in 2008 to nearly 600,000 among cases initiated in 2023. However, this growth has not kept pace with the even faster expansion of unrepresented cases, resulting in a declining representation rate over time.

Access to counsel has also become slower. The median time from a case’s initiation (Notice to Appear filing) to the start of representation rose steadily from 115 days in 2008 to 478 days in 2025, indicating mounting delays in securing legal assistance.

The data show pronounced disparities in representation by language, nationality, and geography. Between 2017 and 2025, Spanish speakers—who made up roughly 78% of cases—had a representation rate below the overall average, while Haitian Creole speakers had particularly low access to counsel. Among nationalities with the largest caseloads, only Guatemalans and Salvadorans had above average‑ representation rates; Haitians had the lowest, while Chinese nationals had the highest among large caseload countries.

Geographic variation is also stark. Representation rates were highest in states such as Maine, California, and New York (around 60%) and lowest in states including Oklahoma, Idaho, and Montana (roughly 22–26%). Meanwhile, a majority of cases were concentrated in a small number of states, led by Florida and Texas.