IRAP asks that refugees be allowed to elect and receive representation by legal counsel during the refugee resettlement process.

Refugees applying for resettlement in the United States and applicants for Special Immigrant Visas must navigate a complicated administrative process that includes a minimum of four interviews and the submission of numerous documents. Most speak no English and must rely on interpreters of varying quality. Many suffer from severe Post Traumatic Stress Disorder as a result of their persecution.

Refugees who are represented by a legal advocate have a better chance of successfully navigating the admissions process, as well as ensuring that their basic human rights and dignities are protected. In the asylum context, where refugees apply for asylum from within the United States, a US government study found that having an attorney doubled the likelihood that the refugee would receive asylum.

IRAP can discern no reason why an individual applicant to the refugee admissions process, or a Special Immigrant Visa applicant seeking Chief of Mission approval to file a visa application, should not be able to be fully represented by competent legal counsel.

• Read IRAP’s letter to State Department General Counsel Harold H. Koh

    IRAP Letter to State Dept Gen Counsel Koh (218.2 KiB, 0 hits)

• Read IRAP’s commentary to the Department of Homeland Security opposing new regulations barring foreign law students from advocating for refugees

    IRAP Comments to DHS on Proposed Rule Barring Foreign Law Students (277.5 KiB, 265 hits)

• Read IRAP’s legal memo on why refugees have a right to counsel

    Memo re Right to Counsel under the APA (254.7 KiB, 0 hits)