Under EAJA, such fees can be awarded only when the plaintiffs both prevail in their lawsuit and show that their rights were violated by unreasonable government action. There is no legitimate rationale for denying this protection to non-citizens who do not have a green card. These individuals are especially vulnerable and should not be singled out and denied the ability to protect their rights. The INS is notorious for making mistakes, subjecting individuals to unfair treatment and violating its own statute and regulations. Recently, it admitted to having lost 60,000 political asylum applications.
Judicial oversight is critical to protecting individuals against abuses.
Amending EAJA could deter lawyers from bringing these actions. We urge you to oppose any amendment that would eliminate EAJA fees in actions brought on behalf of plaintiffs who are not citizens or green card holders.