Fairness to Freedom Act

Summary#

This bill would create a right to government-paid legal representation for people who cannot afford a lawyer in many immigration proceedings. It covers removal, exclusion, deportation, bond, expedited removal, related proceedings before USCIS, State courts, and federal courts. The right includes attorneys, interpretation, translation, and other services needed for effective representation. The law would require appointment of counsel early — for detained people, no later than 24 hours after being taken into custody — and continuous representation through appeals and related matters. Proceedings generally may not start until counsel is appointed and a short period is provided for counsel to receive case records (including the A-file) and review them. A sworn statement that household income is at or below 200 percent of the federal poverty line makes a person eligible for appointed counsel. The bill also bars using someone’s request for or receipt of appointed counsel as the basis for a public-charge immigration decision.

The bill would create an independent nonprofit Office of Immigration Representation in Washington, D.C., governed by a 24-member Board of Directors appointed largely by federal appellate chief judges and an Immigration Representation Advisory Board. The Office would set standards, approve local plans, set compensation and reimbursement rules, run regional Local Boards, and support Immigration Public Defender Organizations, Community Defender Organizations, and attorney panels. The Board and Local Boards would report to Congress and submit funding requests. The bill authorizes appropriations "such sums as may be necessary" and sets a statutory minimum funding requirement tied to a prosecution-defense ratio based on appropriations for federal immigration enforcement and prosecution agencies.

What it means for you#

• If you are in immigration proceedings and cannot afford a lawyer, this bill would make you eligible for a lawyer paid by the government in many types of removal and related cases.
• If detained, you should be appointed counsel quickly (the bill requires appointment for detained people as soon as possible and no later than 24 hours after custody).
• You and your lawyer would receive copies of your immigration file (A-file) and other government records after counsel is appointed, and proceedings generally must wait at least 10 days after you and your lawyer receive those records so counsel can prepare, unless you waive that delay.
• Asking for or receiving appointed counsel could not be used against you in a public-charge determination under immigration law.

Expenses#

• The bill authorizes appropriations of "such sums as may be necessary" to establish and operate the Office of Immigration Representation and to fund representation and training.
• It requires a minimum annual appropriation equal to the combined appropriations for federal immigration enforcement and prosecution agencies multiplied by a prosecution-defense ratio; the Office of Management and Budget would calculate that ratio.
• The Office must set hourly rates, salaries, and reimbursement rules. Compensation is to be comparable to local Principal Legal Advisor rates at ICE, corresponding federal prosecutors, or other comparable government attorneys.
• Board and Local Board members may be paid at a daily rate not to exceed the rate for U.S. courts of appeals judges for up to 90 days per year.
• Employees of the Office and of Immigration Public Defender Organizations are treated like federal employees for certain benefits (retirement, health, life insurance, work-injury compensation).

Proponents' View#

The bill’s stated purpose is to ensure high-quality legal representation and related services for people in the immigration proceedings listed in the bill who cannot afford counsel. The Office is described as independent and designed to set standards, oversee local plans, and fund and manage counsel, with the goal of delivering continuous, effective representation beginning at early stages of custody or notice of proceedings.

Opponents' View#

No publicly available information.