As the complexities and restrictions of U.S. immigration law have increased, the legal profession’s subspecialty of immigration lawyers has flourished, extending in some cases to social-cause lawyering.
During the era of relatively open immigration that existed in the United States until the last quarter of the nineteenth century, there was little need for specialized immigration lawyers. However, as the federal government began enacting immigration restrictions during the 1870’s, a new field arose in the legal profession: lawyers who specialized in helping immigrants navigate the increasing stream of regulations and restrictions emanating from the federal government.
During the 1890’s, the U.S. Congress established exclusive oversight over immigration to the United States. It established official immigration reception stations on Ellis Island in New York Harbor in 1892 and on Angel Island in California’s San Francisco Bay in 1910. These immigration facilities were staffed by federal officials enforcing the restrictions enacted by Congress in a series of immigration acts. Immigrants responded by beginning to turn, in large numbers, to lawyers to assist them in the immigration process.
Given the almost plenary power vested in immigration officials at that time, early immigration lawyers played a mostly advisory role. Becoming expert in the administrative processes required for immigration, lawyers coached their clients on what to say to customs officials and tried, usually in vain, to appear as counsel for their clients in immigration proceedings. However, in cases that went before the immigration
Records have survived from about 424 appeals of decisions made by Boards of Special Inquiry in New York during the 1890’s. In 277 cases–about two-thirds of the total–the immigrants involved were represented by attorneys. Of the 277 cases involving attorneys, five of the attorneys appeared in five or more appeals each, thus demonstrating a nascent immigration bar. The most notable of the five attorneys was
Immigration lawyer, Jessica Salsbury, hugs a domestic worker to celebrate the passage of legislation protecting the rights of domestics at a Montgomery County Council meeting in Rockville, Maryland in 2008.
Both immigration and federal immigration legislation steadily increased during the first decades of the twentieth century. With these increases came growth in the numbers of immigration lawyers. What had been part-time legal work for general practitioners was increasingly becoming full-time work for lawyers specializing in immigration cases. With this increased specialization came two developments.
The first development was the immigration bar’s looking to promote its own professionalization and expertise. The
In the second development, some immigration lawyers began to look upon their specialty as an opportunity for social-cause lawyering. The AILA itself established in 1987 the
In alliance with members of the
Obtaining residency in the modern United States can be an arduous process, and most aliens seeking residency require legal services. Many lawyers have generously devoted their time to assisting immigrants for reduced fees or even no fees at all. However, as the size of the legal profession in the United States has boomed, and as more avenues have been opened for solicitation and profit-making by lawyers, the immigration bar has become plagued by allegations of corruption, scandal, and exploitation. In 1985, several high-profile immigration lawyers were convicted and disbarred. In 2003, for example, immigration lawyer
Anthes, Louis. Lawyers and Immigrants, 1870-1940: A Cultural History. Levittown, N.Y.: LFB Scholarly Publishing, 2003. This volume in the publisher’s Law and Society series traces the connections among law, lawyers, immigrants, and cultural issues. Anthes researched the practice of immigration lawyers on Ellis Island. Salyer, Lucy. Laws Harsh as Tigers: Chinese Immigrants and the Shaping of Modern Immigration Law. Chapel Hill: University of North Carolina Press, 1995. History of Chinese immigration that Salyer shows to be central to the shaping of immigration law, with a detailed account of the administration of immigration law on Ellis Island. Sarat, Austin, and Stuart Scheingold, eds. Cause Lawyers and Social Movements. Stanford, Calif.: Stanford University Press, 2006. Collection of essays on lawyering activists. The essay by Susan Coutin recounts efforts of lawyers working to obtain asylum rights for Central Americans. Serrill, Michael. “A Booming but Tainted Specialty.” Time, July 8, 1985. Account of growth of immigration law practice, with both respected human rights advocates and fraudulent and corrupt lawyers. Warner, Judith, ed. Battleground Immigration. Westport, Conn.: Greenwood Press, 2009. Compendium of immigration-related topics, with material on the role of lawyers in forming political perspectives on immigration.
Angel Island Immigration Station
Asian American Legal Defense Fund
Mexican American Legal Defense and Educational Fund
New York City