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HD 4072

An Act ensuring access to equitable representation in immigration proceedings

194th Legislature (2025-2026) Introduced by Christine Barber and 25 co-sponsors

Massachusetts bill would guarantee state-funded legal representation for immigrants in removal proceedings to improve access to justice and reduce deportation rates.

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Bill Summary · HD 4072

Legislative bill overview

HD 4072 would establish a right to legal representation in immigration proceedings for Massachusetts residents who cannot afford counsel, funded through state mechanisms. The bill aims to ensure immigrants have access to qualified attorneys throughout removal and deportation proceedings, rather than navigating complex immigration law pro se (representing themselves).

Why is this important

Immigration proceedings are highly technical legal matters where unrepresented individuals face deportation at significantly higher rates and with reduced ability to identify available relief options. Massachusetts currently has no state-funded immigration legal services, unlike several other states that have established public defender-style systems for immigration cases.

Potential points of contention

  • Cost and funding mechanism: State-funded legal representation requires substantial budgeting; unclear whether funding comes from general revenue, specific appropriations, or court fees that could be passed to immigrants
  • Scope limitations: Bill may not specify which proceedings are covered (removal, bond hearings, appeals) or income thresholds for eligibility, creating implementation questions
  • Federal jurisdiction concerns: Immigration law is federally controlled; questions exist about whether state-funded representation conflicts with federal immigration enforcement priorities or creates liability issues for the state
  • Capacity and provider network: Massachusetts would need sufficient immigration attorneys; shortage of qualified providers could create delays despite theoretical right to counsel

Compiled from official sources — confirm details with the bill’s official record.

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