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Article
Technological Triage of Immigration Cases
Florida Law Review
  • Fatma Marouf, Texas A&M University School of Law
  • Luz E. Herrera, Texas A&M University School of Law
Document Type
Article
Publication Date
5-2020
ISSN
1045-4241
Abstract

In the medical profession, triage refers to sorting medical resources in emergency situations based on the greatest need for immediate attention. Similarly, legal service providers talk about “triaging” cases to prioritize individuals with the most serious problems. But in the immigration field, the concept of triage is turned on its head. Noncitizens with the riskiest cases—those facing deportation—have the least access to legal assistance, especially if they are detained. Technology has the potential to help with triage but is not yet being used effectively to assist with deportation defense. This Article argues that utilizing technology to facilitate access to representation for noncitizens in detention is the best way to address that gap. It examines not only how legal services providers can use technology to triage immigration cases, but also how technology in detention centers and immigration courts can facilitate access to representation. The Article further contends that the Department of Homeland Security, which prosecutes deportation cases, and the Executive Office for Immigration Review, within the Department of Justice, which adjudicates them, have every incentive to adopt this technology in detention centers and immigration courts, because increased representation helps them triage their own enormous caseloads.

Num Pages
60
Publisher
University of Florida Levin College of Law
File Type
PDF
Citation Information
Fatma Marouf and Luz E. Herrera. "Technological Triage of Immigration Cases" Florida Law Review Vol. 72 Iss. 3 (2020) p. 515 - 574
Available at: http://works.bepress.com/fatmamarouf/56/