Fair Day in Court for Kids

Summary#

This bill directs the Department of Health and Human Services (HHS) to make sure unaccompanied children in immigration proceedings have legal counsel. It adds definitions for "noncitizen" and "unaccompanied child" to immigration law. For unaccompanied children, HHS must appoint or provide counsel at government expense as soon as possible after a notice to appear is issued or after the child is placed in HHS custody. Counsel must represent the child at all stages of proceedings, even if the child turns 18 or is reunified with a parent while the case is pending. The bill requires that children, or their counsel, receive a complete copy of their immigration file (except records protected from disclosure) within 7 days of receiving a notice to appear, and that they be given at least 10 days to review those documents before the removal proceeding moves forward unless they waive that review period. The bill directs HHS to use pro bono counsel when practicable and to build systems for recruiting, training, and overseeing counsel. It sets out duties for appointed counsel, asks the Office of Refugee Resettlement to develop model guidelines, requires access for counsel to DHS detention and contract facilities, and creates an annual report to Congress on representation. If HHS fails to appoint counsel for an eligible child, the bill makes a special rule: limits on filing motions to reopen do not apply, and filing a motion to reopen stays the child's removal. The bill authorizes the Office of Refugee Resettlement to receive "such sums as may be necessary" to carry out the act.

What it means for you#

• If you are an unaccompanied child in immigration proceedings: HHS must provide counsel at government expense unless you already have a lawyer. Counsel should be provided quickly and will stay with the case through all stages.
• If you or your lawyer receive a notice to appear: you should get a copy of your immigration file within 7 days and a 10-day review period before the case moves forward unless you waive it.
• If you are a lawyer or legal services group: the bill directs HHS to recruit, train, and oversee counsel and to use pro bono attorneys when possible.
• If you are held in DHS facilities: the department must allow access by lawyers to meet with detained noncitizens.

Expenses#

The bill authorizes the Office of Refugee Resettlement to receive "such sums as may be necessary" to implement the law. The text does not list a dollar amount or estimate of total costs. For compliance with pay-as-you-go rules, it refers to a budgetary statement to be submitted for the Congressional Record. No publicly available information on total projected costs is included in the bill text.

Proponents' View#

No publicly available information in the bill text about proponents' arguments or stated reasons beyond the legal changes and requirements contained in the bill language.

Opponents' View#

No publicly available information in the bill text about opponents' arguments or stated objections.