SCP and WDA publish report on post-conviction representation for immigrants facing deportation

By Brooke Kaufman | Senior Writer

Earlier this month, the Seattle Clemency Project (SCP) published a report, On the Periphery: The Efficacy of Civil Legal Aid in Preventing Unjust Deportations, on the growing need for funding for civil legal aid in cases where longtime Washington residents are facing deportation due to prior convictions.

Currently, Washington State has allocated $0 in earmarked public funding for post-conviction relief legal services and removal defense for immigrants living with final orders of removal. There are thousands of Washington residents living under such a threat for whom deportation would cause permanent family separation, total loss of community, and traumatic exile. Despite the tremendous consequences of these cases, the government does not appoint attorneys for immigrants seeking relief from convictions that have triggered a removal order.

On the Periphery illustrates this gap in the post-conviction infrastructure and the critical role of free direct representation through historical context on the Southeast Asian refugee experience in Washington State and the stories of four individuals who faced deportation to Cambodia after coming to the United States as child refugees fleeing genocide. The report demonstrates the potential of post-conviction relief legal services for immigrants to advance justice for vulnerable populations, interrupt cycles of systemic harm, and promote community restoration. On the Periphery advocates for continued community reinvestment funding for this area of civil legal aid and concludes with recommendations for key officials and the Governor’s Office.

On the Periphery was published with support from the Office of Civil Legal Aid, which administers civil legal aid funding from Washington’s Community Reinvestment Plan fund. In 2023, the Redemption Project of Washington, a partnership between SCP and the Washington Defender Association (WDA), received Community Reinvestment grant funds to support its goal of supplying free direct representation to immigrants seeking post-conviction relief. This work is instrumental in preventing detainments and deportations that fracture Washington families and communities.