White House guaranteed attorney access for all migrant screenings. Most don't have it

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The Biden administration said migrants would be guaranteed access to legal representation. The promise of attorney access appears unfulfilled.

SAN DIEGO — As the Biden administration prepared to launch speedy asylum screenings at Border Patrol holding facilities this spring, authorities pledged a key difference from a Trump-era version of the policy: Migrants would be guaranteed access to legal counsel.

Four other advocacy groups that offer free advice and whose names are posted on the immigration court system'shave handled far fewer phone consultations, partly because they started much later, the person said. Representatives from those four groups declined to comment or did not respond to requests from the Associated Press.

The government figures give no explanation and do not say how many expedited screenings occurred in Border Patrol custody without access to legal counsel. Administration officials have attributed lower approval rates in part to a new policy that severely limits asylum for people who travel through another country, such as Mexico, to reach the U.S. border.

Normally, about three in four migrants pass credible fear interviews, though far fewer eventually win asylum. But the results roughly flipped during the five months of the Trump-era program of expedited screenings: Only 23% passed, while 69% failed and 9% withdrew, according to the Government Accountability Office.

Americans for Immigrant Justice joined the Jones Day-led effort because the interviews carry "life-and death" stakes, said Cindy Woods, national policy counsel.

 

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