Will My Immigration Lawyer Report Me to ICE?

Let's say you are undocumented, having been in the United States for many years without immigration papers or status. You might have been told to talk to an immigration attorney, but are afraid to do that. How do you know the attorney is not connected to the U.S. government? Is there any chance the attorney will not only say you have no way to get papers to stay in the U.S., but also report you for being illegal?

Immigration Attorneys Are Not Connected to the U.S. Government

Immigration attorneys in the United States are independent of any government office or agency. They mostly work for themselves, often in solo practices or as members of law firms. Although they certainly need to engage with the government in representing their clients, they don't owe the government anything more than to act in a professional manner, including not lying outright or participating in fraud.

It's true that there are attorneys who work for the U.S. government on immigration matters, but they never make themselves available for hire by the general public. They only work for the government; you won't find their names on any directories of lawyers seeking new clients, for example.

Immigration Attorneys Have Ethical Duties Toward Their Clients

All U.S. lawyers are bound by various ethical obligations. These include working in the best interests of the client and maintaining that person's information in the strictest confidence. A rule called "attorney-client privilege" says that attorneys may not divulge their clients' secrets; nor may others force them to do so.

That means an attorney you either consult with or hire to represent you cannot disclose information about you even when directly asked by U.S. immigration or other government authorities, much less take steps to actually report you.

Exceptions When an Attorney Must Communicate Negative Information to the U.S. Government

There are a few exceptions to what's outlined above. For example, if a client is planning a future crime, the attorney might need to advise law enforcement authorities. These aren't likely to apply to the situation of an undocumented immigrant, however.

Finding an Attorney You Trust

In seeking an attorney to consult with or provide immigration services, you will of course want to find someone you feel comfortable with and trust. Ask friends for recommendations, and understand the risks of hiring non-lawyers.