Vera Institute of Justice and National Partnership for New Americans: Gideon v. Wainwright Failed Its Promise
FOR IMMEDIATE RELEASE
March 18, 2023
CONTACT
Michael Czaczkes
mczaczkes@vera.org
NEW YORK, NY — Fairness
to Freedom: The Campaign for Universal Representation, an initiative of the
National Partnership for New Americans and the Vera Institute of Justice,
issued the following statement in response to the anniversary of Gideon v.
Wainwright, a landmark case in which the Supreme Court ruled that states are
required to provide defense attorneys to defendants in criminal proceedings who
cannot afford lawyers themselves.
“In the 60 years since Gideon, the Supreme Court
has upheld and greatly expanded the right to counsel to
include children in juvenile delinquency proceedings, defendants facing
misdemeanor charges, and adults at critical stages in criminal case processing
or post-conviction proceedings who can't afford to pay for it themselves. However,
this right is not yet afforded to people facing deportation in the immigration
system, where the possible consequences are serious: detention, separation from
family and community, and even death.
“Unlike in our criminal legal system, there is no public defender
system for people in the U.S. immigration system. An estimated 80% of people
fighting their cases from detention have not had representation. Even
60 years after Gideon, and even with the protection of Gideon,
public defense in the criminal legal system falls short. We must learn from the
mistakes in the criminal legal system and build public defense in the
immigration system that combats the same systemic inequities that most severely
impact immigrants with criminal convictions, poor immigrants, Black immigrants,
and immigrants with mental health conditions. Establishing a federal defender
system for immigrants is necessary now, and it’s imperative that this system
learn from the limitations of Gideon. While we recognize Gideon v.
Wainwright was a step in the right direction, we also recognize that it
isn’t enough for immigrants facing the devastating consequences of deportation
and recommit to working toward a more just system for all.”
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Fairness to Freedom: The Campaign for Universal Representation was launched by the National Partnership for New Americans and the Vera Institute of Justice in April 2022 with a coalition of over 100 organizations, legal services providers. The campaign’s goal is to establish a federal right to representation for all immigrants facing deportation.