Precarious Legal Patchworking: Detained Immigrants’ Access to Justice

Abstract

As immigration enforcement increases, so does the detention of immigrants facing the threat of deportation. Detained without the support of a public defender system—a feature of U.S. immigration law—immigrants face a complex immigration court that is adversarial and can produce dire consequences, including family and community exile, violence, or even death, if they are deported. This paper chronicles the experiences of formerly detained immigrants and how they sought to access justice through multiple means while detained. To win their freedom from detention, they engaged in “precarious legal patchworking” (PLP), during which they haphazardly cobbled together legal resources and assistance from multiple sources, including pro-bono aid, Jailhouse Lawyers, and social networks. PLP speaks to the person’s tenacity amidst precarity, but it also unveils the fragility of this strategy because patchworking can extend detention or complicate one’s case. The lack of access to counsel is a form of legal violence, and stratifying access to representation in this way creates an underclass of people who are systematically denied justice.