119-s1297

[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[S. 1297 Introduced in Senate

    (IS) ]

<DOC>

119th CONGRESS
 1st Session
 S. 1297

 To provide counsel for unaccompanied children, and for other purposes.

_______________________________________________________________________

 IN THE SENATE OF THE UNITED STATES

 April 3, 2025

 Ms. Hirono (for herself, Mr. Bennet, Mr. Blumenthal, Mr. Booker, Mr. 
Coons, Ms. Cortez Masto, Ms. Duckworth, Mr. Durbin, Mr. Fetterman, Mr. 
 Heinrich, Mr. Hickenlooper, Mr. Kim, Ms. Klobuchar, Mr. Markey, Mr. 
Merkley, Mr. Murphy, Mr. Ossoff, Mr. Padilla, Mr. Sanders, Mr. Schatz, 
 Mr. Schiff, Ms. Smith, Mr. Van Hollen, Ms. Warren, Mr. Welch, Mr. 
 Whitehouse, and Mr. Wyden) introduced the following bill; which was 
 read twice and referred to the Committee on the Judiciary

_______________________________________________________________________

 A BILL

 To provide counsel for unaccompanied children, and for other purposes.

 Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

 This Act may be cited as the ``Fair Day in Court for Kids Act of 
2025''.

SEC. 2. DEFINITIONS.

 In this Act:

    (1) Noncitizen.--The term ``noncitizen'' means an 
 individual who is not a citizen or national of the United 
 States.

    (2) Unaccompanied child.--The term ``unaccompanied child'' 
 has the meaning given the term ``unaccompanied alien child'' in 
 

section 462

    (g) of the Homeland Security Act of 2002 (6 U.S.C. 
 279

    (g) ).

SEC. 3. REFERENCES TO ALIENS.

 With respect to an individual who is not a citizen or national of 
the United States, any reference in this Act to a ``noncitizen'' shall 
be deemed to refer to an individual otherwise described as an ``alien'' 
in any Federal law, Federal regulation, or any written instrument 
issued by the executive branch of the Government.

SEC. 4. IMPROVING IMMIGRATION COURT EFFICIENCY AND REDUCING COSTS BY 
 INCREASING ACCESS TO LEGAL INFORMATION.

    (a) 

=== Definitions. ===
-

Section 101

    (a) of the Immigration and Nationality 
Act (8 U.S.C. 1101

    (a) ) is amended by adding at the end the following:
 ``

    (53) The term `noncitizen' means an individual who is not a 
citizen or national of the United States.
 ``

    (54) The term `unaccompanied child' has the meaning given the 
term `unaccompanied alien child' in 

section 462

    (g) of the Homeland 
Security Act of 2002 (6 U.S.C. 279

    (g) ).''.

    (b) Appointment of Counsel in Removal Proceedings; Right To Review 
Certain Documents in Removal Proceedings.--

Section 240

    (b) of the 
Immigration and Nationality Act (8 U.S.C. 1229a

    (b) ) is amended--

    (1) in paragraph

    (4) --
        (A) in the matter preceding subparagraph
        (A) , by 
 striking ``under regulations of the Attorney General'' 
 and inserting ``under regulations of the Attorney 
 General, or in the case of an unaccompanied child, 
 under regulations of the Secretary of Health and Human 
 Services'';
        (B) in subparagraph
        (A) --
            (i) by striking ``, at no expense to the 
 Government,''; and
            (ii) by striking the comma at the end and 
 inserting a semicolon;
            (C) by redesignating subparagraphs
        (B) and
            (C) as 
 subparagraphs
            (D) and
        (E) , respectively;
            (D) by inserting after subparagraph
        (A) the 
 following:
 ``
        (B) the Attorney General, or in the case of an 
 unaccompanied child, the Secretary of Health and Human 
 Services, may appoint or provide counsel, at Government 
 expense, to noncitizens in immigration proceedings;
 ``
            (C) the noncitizen, or the noncitizen's counsel, 
 not later than 7 days after receiving a notice to 
 appear under 

section 239

    (a) , shall receive a complete 
 copy of the noncitizen's immigration file (commonly 
 known as an `A-file') in the possession of the 
 Department of Homeland Security (other than documents 
 protected from disclosure under 

section 552

    (b) of title 
 5, United States Code);''; and
        (E) in subparagraph
            (D) , as redesignated, by 
 striking ``, and'' and inserting ``; and''; and

    (2) by adding at the end the following:
 ``

    (8) Failure to provide noncitizen required documents.--A 
 removal proceeding may not proceed until the noncitizen, or the 
 noncitizen's counsel if the noncitizen is represented--
 ``
        (A) has received the documents required under 
 paragraph

    (4)
            (C) ; and
 ``
        (B) has been provided at least 10 days to review 
 and assess such documents, unless the noncitizen or the 
 noncitizen's counsel expressly waives such review 
 period.''.
            (c) Clarification Regarding the Authority of the Federal Government 
To Appoint Counsel to Noncitizens in Immigration Proceedings.--

    (1) In general.--

Section 292 of the Immigration and 
 Nationality Act (8 U.S.C. 1362) is amended to read as follows:

``

SEC. 292. RIGHT TO COUNSEL.

 ``

    (a) In General.--In any removal proceeding before the Attorney 
General, an appeal from such a removal proceeding, and any related 
matter before the Department of Homeland Security or a State court, an 
unaccompanied child shall have the privilege of being represented by 
such counsel as may be authorized to practice in such proceeding or 
matter as he or she may choose. This subsection shall not apply to 
screening proceedings described in 

section 235

    (b)

    (1)
        (A) .
 ``

    (b) Access to Counsel for Unaccompanied Children.--
 ``

    (1) In general.--In any removal proceeding before the 
 Attorney General, an appeal from such a removal proceeding, and 
 any related matter before the Department of Homeland Security 
 or a State court, an unaccompanied child shall be represented 
 by counsel appointed or provided by the Secretary of Health and 
 Human Services, at Government expense, unless the child has 
 obtained at his or her own expense counsel authorized to 
 practice in such proceeding or matter.
 ``

    (2) Timing.--The Secretary of Health and Human Services 
 shall appoint or provide counsel to an unaccompanied child 
 under paragraph

    (1) as expeditiously as possible after the 
 earlier of--
 ``
        (A) the date on which a Notice to Appear for 
 removal proceedings is issued to the unaccompanied 
 child, regardless of whether the Notice to Appear has 
 been filed with an immigration court; or
 ``
        (B) the date on which the unaccompanied child is 
 placed in the custody of the Secretary of Health and 
 Human Services.
 ``

    (3) Length of representation.--An unaccompanied child 
 shall be represented by counsel under paragraph

    (1) at every 
 stage of the proceedings, beginning with the unaccompanied 
 child's initial appearance before an official with adjudicatory 
 authority in removal proceedings or in related matters before 
 the Department of Homeland Security or a State court, through 
 the termination of immigration proceedings and resolution of 
 any related matter before the Department of Homeland Security 
 or a State court, even if the child attains 18 years of age or 
 is reunified with a parent or legal guardian while the 
 proceedings are pending.
 ``

    (4) Continuity in representation.--If counsel retained by 
 an unaccompanied child at his or her own expense ceases 
 representing the child for any reason, the Secretary of Health 
 and Human Services shall ensure continued representation of the 
 child by appointing or providing new counsel as expeditiously 
 as possible.
 ``

    (5) Notice.--Not later than 72 hours after an 
 unaccompanied child is taken into Federal custody, the child 
 shall be notified that he or she will be provided with legal 
 counsel in accordance with this subsection.
 ``

    (6) Within detention facilities.--The Secretary of 
 Homeland Security shall ensure that unaccompanied children have 
 access to counsel inside all detention, holding, and border 
 facilities.
 ``
            (c) Pro Bono Representation.--
 ``

    (1) In general.--To the maximum extent practicable, the 
 Secretary of Health and Human Services shall make every effort 
 to use the services of competent counsel who agree to provide 
 representation to such children under subsection

    (b) without 
 charge to the child.
 ``

    (2) Development of necessary infrastructures and 
 systems.--The Secretary of Health and Human Services shall 
 establish the necessary infrastructure and systems for the 
 appropriate identification, recruitment, training, and 
 oversight of counsel available to provide assistance and 
 representation to unaccompanied children under subsection

    (b) without charge to the child.
 ``
            (d) Model Guidelines on Legal Representation of Children.--
 ``

    (1) Development of guidelines.--The Director of the 
 Office of Refugee Resettlement, in consultation with the 
 Director of the Executive Office for Immigration Review, the 
 Secretary of Homeland Security, and nongovernmental 
 stakeholders with relevant expertise in providing immigration-
 related legal services to children, shall develop model 
 guidelines for the legal representation of unaccompanied 
 children in immigration proceedings, which shall be based on--
 ``
        (A) the 2018 report of the American Bar 
 Association entitled `Standards for the Custody, 
 Placement and Care; Legal Representation; and 
 Adjudication of Unaccompanied Alien Children in the 
 United States';
 ``
        (B) the American Bar Association Model Rules of 
 Professional Conduct; and
 ``
            (C) any other source the Director of the Office 
 of Refugee Resettlement considers appropriate.
 ``

    (2) Purpose of guidelines.--The guidelines developed 
 under paragraph

    (1) shall be designed to help protect each 
 child from any individual suspected of involvement in any 
 criminal, harmful, or exploitative activity associated with the 
 smuggling or trafficking of children, while ensuring the 
 fairness of the immigration proceeding in which the child is 
 involved.
 ``

    (e) Duties of Counsel.--The duties of counsel appointed or 
provided under this section shall include--
 ``

    (1) representing the unaccompanied alien child 
 concerned--
 ``
        (A) in all proceedings and matters relating to 
 the immigration status of the child; and
 ``
        (B) with respect to any other action involving 
 the Department of Homeland Security;
 ``

    (2) appearing in person for each of the child's--
 ``
        (A) individual merits hearings and master 
 calendar hearings before the Executive Office for 
 Immigration Review; and
 ``
        (B) interviews involving the Department of 
 Homeland Security;
 ``

    (3) owing the same duties of undivided loyalty, 
 confidentiality, and competent representation to the child as 
 is due to an adult client;
 ``

    (4) advocating for the child's legal interests, as 
 directed by the child's express wishes;
 ``

    (5) in the case of a child who does not express the 
 objectives of representation, or is found incompetent, 
 referring the child for the appointment of an independent child 
 advocate, as described in 

section 235
            (c) (6) of the William 
 Wilberforce Trafficking Victims Protection Reauthorization Act 
 of 2008 (8 U.S.C. 1232
            (c) (6) ); and
 ``

    (6) carrying out other such duties as may be prescribed 
 by the Secretary of Health and Human Services or the Director 
 of the Executive Office for Immigration Review.
 ``

    (f) Savings Provision.--Nothing in this section may be construed 
to supersede--
 ``

    (1) any duties, responsibilities, disciplinary, or 
 ethical responsibilities an attorney may have to his or her 
 client under State law;
 ``

    (2) the admission requirements under State law; or
 ``

    (3) any other State law pertaining to the admission to 
 the practice of law in a particular jurisdiction.''.

    (2) Rulemaking.--The Secretary of Health and Human Services 
 shall promulgate regulations to implement 

section 292 of the 
 Immigration and Nationality Act, as added by paragraph

    (1) , in 
 accordance with the requirements set forth in 

section 3006A of 
 title 18, United States Code.

SEC. 5. ACCESS BY COUNSEL TO DEPARTMENT OF HOMELAND SECURITY 
 FACILITIES.

 The Secretary of Homeland Security shall provide access to counsel 
for all noncitizens detained in--

    (1) a facility under the supervision of U.S. Immigration 
 and Customs Enforcement or U.S. Customs and Border Protection; 
 or

    (2) a private facility that contracts with the Department 
 of Homeland Security to house, detain, or hold noncitizens.

SEC. 6. REPORT ON ACCESS TO COUNSEL.

    (a) Report.--Not later than December 31 of each year, the Secretary 
of Health and Human Services, in consultation with the Attorney 
General, shall prepare and submit a report to the Committee on the 
Judiciary of the Senate and the Committee on the Judiciary of the House 
of Representatives regarding the extent to which the Secretary has 
provided counsel for unaccompanied children as described in subsection

    (b) of 

section 292 of the Immigration and Nationality Act, as amended 
by 

section 4
            (c) .

    (b) Contents.--Each report submitted under paragraph

    (a) shall 
include, for the immediately preceding 1-year period--

    (1) the number and percentage of unaccompanied children 
 described in subsection

    (b) of 

section 292 of the Immigration 
 and Nationality Act, as amended by 

section 4
            (c) , who were 
 represented by counsel, including information specifying--
        (A) the stage of the legal process at which 
 representation of each such child commenced;
        (B) whether each such child was in government 
 custody on the date on which such representation 
 commenced; and
            (C) the nationality and ages of such children;

    (2) the number and percentage of children who received Know 
 Your Rights presentations or legal screenings, including the 
 nationality and ages of such children; and

    (3) a description of the mechanisms used under subsection

    (b) of 

section 292 of the Immigration and Nationality Act, as 
 added by 

section 4
            (c) , for identifying, recruiting, and 
 training pro bono counsel to represent unaccompanied children.

SEC. 7. MOTIONS TO REOPEN.

 

Section 240
            (c) (7)
            (C) of the Immigration and Nationality Act (8 
U.S.C. 1229a
            (c) (7)
            (C) ) is amended by adding at the end the following:
 ``
            (v) Special rule for unaccompanied 
 children entitled to appointment of counsel.--
 If the Secretary of Health and Human Services 
 fails to appoint or provide counsel for an 
 unaccompanied child under 

section 292

    (b) --
 ``
            (I) the limitations under this 
 paragraph with respect to the filing of 
 a motion to reopen by such child shall 
 not apply; and
 ``
            (II) the filing of such a motion 
 shall stay the removal of the child.''.

SEC. 8. AUTHORIZATION OF APPROPRIATIONS.

    (a) In General.--There is authorized to be appropriated to the 
Office of Refugee Resettlement such sums as may be necessary to carry 
out this Act.

    (b) Budgetary Effects.--The budgetary effects of this Act, for the 
purpose of complying with the Statutory Pay-As-You-Go Act of 2010, 
shall be determined by reference to the latest statement titled 
``Budgetary Effects of PAYGO Legislation'' for this Act, submitted for 
printing in the Congressional Record by the Chairman of the Senate 
Budget Committee, provided that such statement has been submitted prior 
to the vote on passage.
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