Gong-Gershowitz Measure Strengthening Immigrants’ Right to Legal Representation Signed into Law

GLENVIEW, Ill. – In another successful step in the fight to secure universal access to legal representation, state Rep. Jennifer Gong-Gershowitz, D-Glenview, passed a measure to ensure that changes to immigration policy don’t deprive Cook County residents of their existing access to legal counsel.

“Donald Trump continues to sidestep constitutionally mandated due process at every opportunity, threatening the rights of citizens and non-citizens alike,” Gong-Gershowitz said. “This law helps safeguard access to legal counsel in immigration hearings with the commonsense step of authorizing the Cook County Public Defender’s Office to represent all Cook County residents, regardless of where the hearings are held.”

Under existing law, the Public Defender may represent Cook County residents in Chicago’s immigration court. Working with the Public Defender’s Office, Gong-Gershowitz passed House Bill 2436 to ensure that Cook County residents are not denied access to counsel simply by virtue of where they are detained, preventing immigration officials from transferring cases to other jurisdictions in order to deny a person’s ability to be effectively represented by an attorney. All immigration court hearings take place virtually so this measure does not change or require anyone to travel inside or outside of Illinois.

The bill was signed into law last Friday.

 “Despite being a bedrock principle of our justice system, legal representation is not guaranteed for all defendants. People standing before an immigration court, even children without guardians present, have no right to an attorney at government expense,” Gong-Gershowitz said. “In the face of the Trump administration’s attacks on due process, it’s more important than ever to expand the right to legal representation, including in immigration court.”