Fair Day in Court for Kids Act of 2016

Summary: Fair Day in Court for Kids Act of 2016 This bill amends the Immigration and Nationality Act (INA) authorize the Department of Justice (DOJ) to appoint or provide counsel at government expense to aliens in removal proceedings. The Department of Homeland Security (DHS) shall provide an alien in removal proceedings with all relevant documents in its possession, unless the alien has knowingly waived the right to such documents. In the absence of a waiver a removal proceeding may not proceed until the alien has received, and had time to review, the documents.  DOJ may appoint or provide counsel to aliens in any INA proceeding. DHS shall ensure that aliens have access to counsel inside all immigration detention and border facilities. DOJ shall appoint counsel, at government expense if necessary, for an unaccompanied alien child or a particularly vulnerable individual. If DOJ has consolidated any such alien's case with that of any other alien, and that other alien does not have counsel, then the appointed counsel shall be appointed to represent the other alien as well. DHS shall: (1) facilitate access to counsel for all aliens detained in facilities under the supervision of U.S. Immigration and Customs Enforcement or of U.S. Customs and Border Protection (CBP); and (2) establish procedures to ensure that legal orientation programs are available for all detained aliens, including aliens held in CBP facilities. DOJ shall develop and administer a two-year pilot program at not fewer than two immigration courts to grant access to legal information to non-detained aliens with pending asylum claims. DHS shall establish a pilot program to increase the court appearance rates of unaccompanied alien children and particularly vulnerable individuals by contracting with nongovernmental, community-based organizations to provide such aliens with case management services. The pilot program shall not be used to monitor individuals designated as unaccompanied alien children under the Homeland Security Act.  If DOJ fails to appoint counsel for an unaccompanied alien child or vulnerable person: (1) no limitation pertaining to the filing of any motion to reopen the removal proceeding shall apply, and (2) the filing of such a motion shall stay the removal of the alien.

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Fair Day in Court for Kids Act of 
2016''.

SEC. 2. IMPROVING IMMIGRATION COURT EFFICIENCY AND REDUCING COSTS BY 
              INCREASING ACCESS TO LEGAL INFORMATION.

    (a) Appointment of Counsel in Certain Cases; 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 subparagraph (A)--
                            (i) by striking ``, at no expense to the 
                        Government,''; and
                            (ii) by striking the comma at the end and 
                        inserting a semicolon;
                    (B) by redesignating subparagraphs (B) and (C) as 
                subparagraphs (D) and (E), respectively;
                    (C) by inserting after subparagraph (A) the 
                following:
                    ``(B) the Attorney General may appoint or provide 
                counsel, at Government expense, to aliens in 
                immigration proceedings;
                    ``(C) the alien shall, at the beginning of the 
                proceedings or as expeditiously as possible, 
                automatically receive a complete copy of all relevant 
                documents in the possession of the Department of 
                Homeland Security, including all documents (other than 
                documents protected from disclosure by privilege, 
                including national security information referred to in 
                subparagraph (D), law enforcement sensitive 
                information, and information prohibited from disclosure 
                pursuant to any other provision of law) contained in 
                the file maintained by the Government that includes 
                information with respect to all transactions involving 
                the alien during the immigration process (commonly 
                referred to as an `A-file'), and all documents 
                pertaining to the alien that the Department of Homeland 
                Security has obtained or received from other government 
                agencies, unless the alien waives the right to receive 
                such documents by executing a knowing and voluntary 
                written waiver in a language that he or she understands 
                fluently;''; and
                    (D) in subparagraph (D), as redesignated, by 
                striking ``, and'' and inserting ``; and''; and
            (2) by adding at the end the following:
            ``(8) Failure to provide alien required documents.--In the 
        absence of a waiver under paragraph (4)(C), a removal 
        proceeding may not proceed until the alien--
                    ``(A) has received the documents as required under 
                such paragraph; and
                    ``(B) has been provided meaningful time to review 
                and assess such documents.''.
    (b) Clarification Regarding the Authority of the Attorney General 
To Appoint Counsel to Aliens in Immigration Proceedings.--Section 292 
of the Immigration and Nationality Act (8 U.S.C. 1362) is amended--
            (1) by striking ``In any'' and inserting the following:
    ``(a) In General.--In any proceeding conducted under section 235, 
236, 238, 240, 241, or any other section of this Act,'';
            (2) in subsection (a), as redesignated--
                    (A) by striking ``(at no expense to the 
                Government)''; and
                    (B) by striking ``he shall'' and inserting ``the 
                person shall''; and
            (3) by adding at the end the following:
    ``(b) Access to Counsel.--The Attorney General may appoint or 
provide counsel to aliens in any proceeding conducted under section 
235, 236, 238, 240, or 241 or any other section of this Act. The 
Secretary of Homeland Security shall ensure that aliens have access to 
counsel inside all immigration detention and border facilities.''.
    (c) Appointment of Counsel for Children and Vulnerable Aliens.--
            (1) In general.--Section 292 of the Immigration and 
        Nationality Act (8 U.S.C. 1362), as amended by subsection (b), 
        is further amended by adding at the end the following:
    ``(c) Children and Vulnerable Aliens.--Notwithstanding subsection 
(b), the Attorney General shall appoint counsel, at the expense of the 
Government if necessary, at the beginning of the proceedings or as 
expeditiously as possible, to represent in such proceedings any alien 
who has been determined by the Secretary of Homeland Security or the 
Attorney General to be--
            ``(1) a child (as defined in section 101(b)(1) of this 
        Act);
            ``(2) a particularly vulnerable individual, such as--
                    ``(A) a person with a disability; or
                    ``(B) a victim of abuse, torture, or violence; or
            ``(3) an individual whose circumstances are such that the 
        appointment of counsel is necessary to help ensure fair 
        resolution and efficient adjudication of the proceedings.
    ``(d) Extension to Consolidated Cases.--If the Attorney General has 
consolidated the case of any alien for whom counsel was appointed under 
subsection (c) with that of any other alien, and that other alien does 
not have counsel, then the counsel appointed under subsection (c) shall 
be appointed to represent such other alien.
    ``(e) Authorization of Appropriations.--There is authorized to be 
appropriated to the Executive Office of Immigration Review of the 
Department of Justice such sums as may be necessary to carry out this 
section.''.
            (2) Rulemaking.--The Attorney General shall promulgate 
        regulations to implement section 292(c) 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. 3. ACCESS BY COUNSEL AND LEGAL ORIENTATION AT DETENTION 
              FACILITIES.

    (a) Access to Counsel.--The Secretary of Homeland Security shall 
facilitate access to counsel for all aliens detained in facilities 
under the supervision of U.S. Immigration and Customs Enforcement or of 
U.S. Customs and Border Protection, including providing information to 
aliens in detention about legal services programs at detention 
facilities.
    (b) Access to Legal Orientation Programs.--The Secretary of 
Homeland Security, in consultation with the Attorney General, shall 
establish procedures to ensure that legal orientation programs are 
available for all detained aliens, including aliens held in U.S. 
Customs and Border Protection facilities, to inform such aliens of the 
basic procedures of immigration hearings, their rights relating to 
those hearings under Federal immigration laws, information that may 
deter such aliens from filing frivolous legal claims, and any other 
information that the Attorney General considers appropriate, such as a 
contact list of potential legal resources and providers. Access to 
legal orientation programs shall not be limited by the alien's current 
immigration status, prior immigration history, or potential for 
immigration relief.
    (c) Pilot Project for Nondetained Aliens in Removal Proceedings.--
The Attorney General shall develop and administer a 2-year pilot 
program at not fewer than 2 immigration courts to provide nondetained 
aliens with pending asylum claims access to legal information. At the 
conclusion of the pilot program, the Attorney General shall submit a 
report to the Committee on the Judiciary of the Senate and the 
Committee on the Judiciary of the House of Representatives that 
describes the extent to which nondetained aliens are provided with 
access to counsel.
    (d) Authorization of Appropriations.--There is authorized to be 
appropriated to the Executive Office of Immigration Review of the 
Department of Justice such sums as may be necessary to carry out this 
section.

SEC. 4. CASE MANAGEMENT PILOT PROGRAM TO INCREASE COURT APPEARANCE 
              RATES.

    (a) Contract Authority.--The Secretary of Homeland Security shall 
establish a pilot program to increase the court appearance rates of 
aliens described in section 292(c) of the Immigration and Nationality 
Act, as added by section 2(c)(1), by contracting with nongovernmental, 
community-based organizations to provide appropriate case management 
services to such aliens. This pilot program shall not be used to 
monitor individuals designated as unaccompanied alien children under 
section 462 of the Homeland Security Act.
    (b) Scope of Services.--Case management services provided under 
subsection (a) shall include assisting aliens with--
            (1) accessing legal counsel;
            (2) complying with court-imposed deadlines and other legal 
        obligations;
            (3) procuring appropriate housing;
            (4) enrolling their minor children in school; and
            (5) acquiring health services, including, if needed, mental 
        health services.
    (c) Authorization of Appropriations.--There is authorized to be 
appropriated to the Department of Homeland Security such sums as may be 
necessary to carry out this section.

SEC. 5. REPORT ON ACCESS TO COUNSEL.

    (a) Report.--Not later than December 31 of each year, the Secretary 
of Homeland Security, 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 aliens described in 
section 292(c) of the Immigration and Nationality Act, as added by 
section 2(c)(1), have been provided access to counsel.
    (b) Contents.--Each report submitted under subsection (a) shall 
include, for the immediately preceding 1-year period--
            (1) the number and percentage of aliens described in 
        paragraphs (1), (2), and (3), respectively, of section 292(c) 
        of the Immigration and Nationality Act, as added by section 
        2(c)(1), who were represented by counsel, including information 
        specifying--
                    (A) the stage of the legal process at which the 
                alien was represented; and
                    (B) whether the alien was in government custody; 
                and
            (2) the number and percentage of aliens who received legal 
        orientation presentations.

SEC. 6. 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 children and other 
                        vulnerable aliens.--If the Attorney General 
                        fails to appoint counsel for an alien in 
                        violation of section 292(c)--
                                    ``(I) no limitation under this 
                                paragraph pertaining to the filing of 
                                any motion under this paragraph by such 
                                alien shall apply; and
                                    ``(II) the filing of such a motion 
                                shall stay the removal of the alien.''.