begin to detain immigrants on ICE’ s behalf in 2017. 1 Folkston is close to the border between Florida— about forty-five minutes to Jacksonville, and is also near the Okefenokee Swamp Park. Similar to Stewart, Folkston ICE Processing Center( Main) is also owned and operated by a private company( The GEO Group, Inc.). 2 Some reports refer to both the Main and Annex buildings as“ Folkston.” 3 As of the 2021 Fiscal Year, the Main center’ s maximum capacity was 780 and the Annex’ s maximum capacity was 338. 4 According to a report from February 2022, however, an agreement would expand Folkston to 3,018 beds. 5
In addition to the Stewart Immigration Court, there are two immigration courts in Atlanta. 6 In a 2024 press release, Atlanta is one of five cities that, in addition to normal dockets, there will also be a“ Recent Arrivals” Docket. 7 Additionally, according to a 2021 report from the Department of Justice, Office of Inspector General, Stewart and Atlanta process cases as part of the Institutional Hearing Removal Program, in which noncitizens have immigration court while in criminal custody, either federal or state. 8
1 ICF-00010-OIDO- _ Word _ Generic _ Cover _ 2-DHS-v2
2 Id.
3 https:// www. oig. dhs. gov / sites / default / files / assets / 2022-07 / OIG- 22-47-July22. pdf 4 Id. 5 Georgia immigration facility to become one of nation ' s largest | Chattanooga Times Free Press 6 Executive Office for Immigration Review | Find an Immigration Court and Access Internet-Based Hearings; EOIR to Open New Immigration Court in Atlanta; Legal Resource Flyer- Non-Detained 7 DHS and DOJ Announce“ Recent Arrivals” Docket Process for More Efficient Immigration Hearings | Homeland Security 8 Review of the Institutional Hearing and Removal Program Expansion for Federal Inmates
IN THE PROFESSION
Immigration is civil, and not criminal. 9 As a result, there is no public defender type of system, and generally speaking an immigrant in immigration court, known as a respondent, will only be represented if they retain an attorney or an attorney represents them pro bono. 10 In Georgia, most noncitizens who have immigration court do not have legal representation, according to the Vera Institute of Justice. Through October 2024, 80 % of all noncitizens in Georgia, including 60 % of detained noncitizens, do not have legal representation in pending court cases. 11 A 2021 Atlanta Journal- Constitution article cites a report, stating that Georgia is one of the worst states for legal representation in immigration court.
As immigration continues to be a political issue, an overlooked area of the question is immigration detention, not just near the border, but also within the United States. When seeing or reading the national news about immigration detention, realize that the issue is close to home.
9 See, e. g., INS v. Lopez-Mendoza, 468 U. S. 1032, 1038( 1984). 10 INA § 240( b)( 4)( a)( providing that“ the alien shall have the privilege of being represented, at no expense to the Government, by counsel of the alien’ s choosing who is authorized to practice in such proceedings”). 11 Immigration Court Legal Representation Dashboard | Vera Institute
Matthew Boles is a licensed attorney in Georgia and Louisiana. A graduate of the Paul M. Hebert Law Center at Louisiana State University, Mr. Boles has lived in Georgia since April 2018 and has published several articles and presented at conferences about immigration law. He lives in Columbus, GA, and is the Stewart Detention Center Clinical Fellow for Duke Law School’ s Immigrant Rights Clinic and works part-time for Georgia Asylum and Immigration Network( GAIN). Mr. Boles wrote this article in his personal capacity, and his views do not necessarily reflect those of his employers.
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