Courthouse News has identified nearly 100 cases this year in which the government was ordered to pay attorney’s fees to an immigrant it unlawfully detained, totaling more than $1.1 million.
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I realize this point might not be obvious:
Adults in immigration detention are not entitled to be appointed a lawyer.
To win attorneys’ fees, the immigrant has to hire a private lawyer. That lawyer has to file a habeas petition. They have to win the habeas petition. A court has to find that the detention was unlawful. Then, they have to move for attorneys’ fees as a sanction after the case is over, and it’s an uphill battle to win that.