Sen. Markey and Advocates Unveil Bill to Support Immigration Legal Defense

February 27, 2026

 

FOR IMMEDIATE RELEASE:

CONTACT: media@vera.org

Recording of the press conference available HERE

 

BOSTON, MA – As communities in Massachusetts and nationwide continue to face President Trump’s heightened immigration operations, Senator Ed Markey (MA) announced the Senate introduction of the Securing Help for Immigrants through Education and Legal Development (SHIELD) Act, a bill that would establish a $100 million federal grant program to strengthen legal representation for immigrants and uphold due process nationally. The SHIELD Act was introduced with the support of the Massachusetts Immigrant & Refugee Advocacy (MIRA) Coalition and the Fairness to Freedom Campaign, led by the National Partnership for New Americans (NPNA) and the Vera Institute of Justice. It will build the long-term infrastructure needed to sustainably scale up legal defense programs across the country in support of due process for all. 

The Trump administration’s immigration operations have been lawless, violent, and indiscriminate—and people facing detention and deportation are not provided a lawyer if they can’t afford one. Legal service providers are stretched beyond their limits, working tirelessly to help people understand and defend their rights, often with limited staff, overwhelming caseloads, and insufficient resources. As of January 2026, 55 percent of people facing deportation in immigration court lack legal counsel, whereas the government is represented by a lawyer every time. And we know that access to a lawyer remains one of the biggest determinants of whether someone will secure their release and assert their rights to remain in the United States, with represented people up to 10.5 times more likely to obtain a successful case outcome than those without.

Said Senator Ed Markey (MA): "Donald Trump and his administration are violating immigrants' civil rights through unlawful detentions and removals. The Department of Homeland Security has been detaining immigrants in horrifying conditions and denying them the due process the law requires. In the face of these attacks, immigrants are being forced to defend themselves in court without a lawyer. There are five-year-old children sitting in courtrooms alone—a burden no child should have to face. Access to legal counsel can be life-changing for the immigrant community. We must pass my SHIELD Act, which invests in immigrant legal defenders and ensures immigrants get the legal assistance they need."


Said Congressman Robert Garcia (CA): "We've seen the unconstitutional, illegal, and terrifying ways the Trump administration has treated immigrants across this country. We need to be doing everything we can to protect our immigrant communities. The SHIELD Act will help strengthen the rights of those who are most vulnerable, protect due process, and give people the tools and resources they need to get a fair day in court.”

Said Congresswoman Norma Torres (CA): “In America, due process should not depend on your income or immigration status. Yet across the Inland Empire and the country, immigrants, including children are forced to navigate immigration court without a lawyer. That is unacceptable. I introduced the Fairness to Freedom Act to guarantee access to counsel, and I’m proud to co-lead the SHIELD Act to strengthen and expand the immigrant legal defender workforce. I’ll continue fighting for legal representation for immigrants because this is about fairness, due process, and our Constitution.”

Said Congresswoman Delia Ramirez (IL): "The Trump administration's attempts to undermine immigrants' right to representation, coupled with outdated policies and years of under-funding, have created historic court backlogs, strained legal resources, and stripped immigrants of due process. To combat the criminal actions of the administration and ensure a fair, fully functioning system, we must invest and support immigration legal professionals. I'm proud to join the bicameral introduction of the SHIELD Act, a commonsense solution to ensure representation, clear backlogs, keep families together, and protect our communities from Trump and Noem's cruel 'administrative errors'."

Said Elizabeth Sweet, executive director of the Massachusetts Immigrant & Refugee Advocacy (MIRA) Coalition: “We know, and have consistently witnessed throughout this administration's ongoing attacks on immigrants, that this marginalized population is constantly facing threats to their constitutional rights. Investing in the recruitment and development of legal professionals who can work to defend the rights of our immigrant neighbors will undoubtedly help to protect their rights and hopefully to avoid unnecessary deportations. We are incredibly grateful that Massachusetts has already passed funding for the Massachusetts Access to Counsel Initiative, which is providing crucial funding to protect the rights of immigrants, and are thankful that Senator Markey is taking action on a national scale to ensure immigrants are protected throughout legal proceedings in a sustainable way.”

Said Nicole Melaku, executive director of the National Partnership for New Americans: “From secret police violence in our communities to courthouse arrests, it is clear that immigrant communities—our neighbors—need a last line of defense. Right now, that means having a lawyer by their side. States and local communities know this, as more than 70 jurisdictions nationwide have invested in legal representation programs since 2013, attempting to meet rising demands for deportation defense. This momentum is being fueled by local leaders and service providers from diverse communities taking a stand for their neighbors and their constitutional rights. We need Congress to display the same support for commonsense legislation like the SHIELD Act that defends the freedom of immigrant families and strengthens our systems of due process.”

Said Shayna Kessler, director of the Advancing Universal Representation initiative at the Vera Institute of Justice: “Everyone in the United States, no matter their background, is entitled to due process. But there is absolutely no fairness for a person who has to stand alone in court against an administration hell-bent on their detention and removal. Trump has poured billions into ICE for enforcement and detention, the SHIELD Act will bring urgently needed resources to sustain and grow the critical field of immigration legal service providers. We urge Senators to support this bill, to defend due process, and help shield our communities and loved ones as they confront the cruel weight of the president’s mass deportation machine.”  

 

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Fairness to Freedom: The Campaign for Universal Representation was launched by the National Partnership for New Americans and the Vera Institute of Justice in April 2022 with a coalition of more than 200 organizations and legal service providers. The campaign’s goal is to support the passage of the Fairness to Freedom Act to establish a federal right to representation for all immigrants facing deportation.