Aliens within the United States

In the United States, there is a federal law that provides that each person within the jurisdiction of the United States has equal access to the country's legal system. Such access, of course, does have limits in the sense of having a legal claim with merit, needing to bring a legal action in the particular court with jurisdiction over the claim, and needing to follow all procedural rules to secure the rights to maintain a legal action.

As long as an alien is on United States soil, he or she is a person within the United States' jurisdiction. This includes aliens who entered the United States both legally and illegally. It also includes aliens apprehended at the border after they crossed into the United States but were taken into the custody. An alien apprehended at the border may challenge an exclusion order, for example, by turning himself or herself over to U.S. officials and requesting habeas corpus review of the order.

If an alien within the United States has the legal right to pursue action in a court, the alien has many of the same avenues for securing legal representation as do other litigants who are U.S. citizens. An alien who can not afford to hire his or her attorney can contact state and local bar associations to ask about pro bono (free) legal services. Immigrant support groups can also be a referral source to reduced or low cost legal services. Finally, immigration-related offices, such as the Board of Immigration Appeals, will often have a referral list of legal providers.

There is not a blanket right to an attorney that a criminal defendant has in the United States. An alien does not have the right to an attorney provided to him or her at the government's expense. Rather, the alien's right is to have an attorney represent him or her at any proceeding, as long as the alien secures the attorney's presence and either arranges payment or locates a pro bono attorney.

Aliens outside of the United States

Any alien that is not physically within the United States has less access to the courts and fewer rights to legal representation. An alien who is outside of the United States may be, for example, a person apprehended at the border before crossing in to the United States or a person attempting to enter the U.S. via a visa application in his or her country of origin.

Aliens who live in a foreign country and seek admission to the U.S. through some sort of visa application have no right to file an action in the U.S. courts to appeal a denial of the application. Some courts have allowed aliens to file legal actions regarding the denial of immigration benefits, however, even though the alien is not within the United States' jurisdiction.

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