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Immigration Attorneys – All Attorneys – Have a Duty to Advocate for Their Clients

On Behalf of | Apr 16, 2025 | Immigration

I write this with a measure of trepidation. The Trump Administration has launched what can only be described as a campaign against the legal profession, particularly targeting immigration attorneys. The reasoning behind this appears to stem largely from President Trump and his chief immigration advisor, Stephen Miller, who have made clear that they see the immigration bar as an obstacle to their agenda.

A Troubling Memorandum

On March 22, 2025, President Trump issued a memorandum directing Attorney General Pam Bondi and Secretary of Homeland Security Kristi Noem to take action against immigration attorneys and law firms under certain circumstances. The memo claims that the immigration system is “replete with examples of unscrupulous behavior by attorneys and law firms.”

I served for six years on the Attorney Grievance Committee for the Appellate Division, Third Department, in the State of New York. In that role, I reviewed cases of attorney misconduct, including within the immigration bar. I can say without hesitation that while there are certainly bad actors in every profession, including the legal field and the immigration field in particular, sweeping generalizations like those made by the President and Mr. Miller are irresponsible, unfounded and dangerous.

But let’s be honest: this isn’t really about rooting out misconduct. This is about the Administration’s disdain for attorneys who zealously advocate for their clients, as we are ethically and professionally required to do, in New York, under the New York Rules of Professional Conduct. The real issue here is that we challenge their policies, and they don’t like that.

The Role of Immigration Attorneys in a Shifting Landscape

Immigration policy in the United States shifts with each administration, sometimes incrementally, sometimes, like now, dramatically. Foreign nationals who may be eligible for asylum, refugee status, or various family- and employment-based visas under one administration may find those pathways abruptly closed under the next. That’s exactly what we’re witnessing now.

As societal values and policy priorities evolve, immigrants face new and often greater challenges. Regardless of the political climate, attorneys, whether privately retained or working pro or low bono, have a duty to zealously advocate for their clients. Whether or not the President approves of that is irrelevant. It is not only a professional obligation; it is a cornerstone of our legal system.

Immigration attorneys work to secure the best possible outcomes for their clients, whether they are applying for asylum, adjusting their status, or seeking to reunite with loved ones. The Trump Administration’s recent actions and rhetoric, including the March 22, 2025 memorandum, have raised serious concerns about the targeting of immigration lawyers as a means of discouraging them from doing just that.

The memo warns of potential legal consequences for attorneys who challenge federal immigration policy, accuses some of fraud, and directs the Department of Justice to seek disciplinary action where misconduct is found. While accountability is important in any profession, the sweeping nature and politicized tone of this directive have prompted widespread alarm.

Defending the Integrity of the Legal Profession

Bar associations, legal organizations, and civil liberties groups have strongly condemned the Administration’s memo, viewing it as a politically motivated attempt to intimidate attorneys and suppress legitimate legal advocacy. There is growing concern about the chilling effect such rhetoric may have, particularly in a field already fraught with emotional, legal, and political complexity.

Immigration attorneys, like all attorneys, are bound by strict ethical standards and continuing legal education requirements. They are obligated to uphold the law and advocate for their clients’ rights. They are trained to identify and avoid fraud and are required to provide honest, accurate legal advice.

Despite increasing political pressure, most immigration attorneys, many of whom have devoted their careers to defending vulnerable individuals and families, will not be deterred. Their dedication to justice, fairness, and the rule of law remains steadfast.

The Stakes Are Too High

For those facing deportation, separation from family, or barriers to legal status, access to qualified and indeed zealous legal counsel is not a luxury, it is essential. Immigration attorneys play a vital role in helping people navigate an overly complex and often hostile system. Their work ensures that clients receive the representation they are entitled to, and that justice is not sacrificed for the sake of politics.

Regardless of the Administration’s efforts to intimidate or malign the legal profession, immigration attorneys will continue to do what they have always done: stand up for their clients, uphold their oath as attorneys, and fight for justice.

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