I 

115TH CONGRESS 

1ST SESSION H. R. 2043 

To provide access to counsel for children and other vulnerable populations. 

IN THE HOUSE OF REPRESENTATIVES 

APRIL 6, 2017 

Ms. LOFGREN (for herself, Mr. GUTIE ́RREZ, Ms. ROYBAL-ALLARD, Mr. CONYERS, Ms. JUDY CHU of California, Mr. MCGOVERN, Ms. MICHELLE

LUJAN GRISHAM of New Mexico, Mr. CROWLEY, Mr. VEASEY, Mr. GRIJALVA, Mrs. NAPOLITANO, Mr. QUIGLEY, Ms. BONAMICI, Mr. SIRES, Mr. 

YARMUTH, Ms. DELBENE, Ms. SA ́NCHEZ, Mr. ELLISON, Mr. SCOTT of 

Virginia, Mr. HUFFMAN, Ms. MOORE, Mrs. TORRES, and Mr. LEWIS of 

Georgia) introduced the following bill; which was referred to the Committee on the Judiciary 

A BILL 

To provide access to counsel for children and other 

vulnerable populations. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Fair Day in Court 

5 for Kids Act of 2017’’. 


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1 SEC. 2. IMPROVING IMMIGRATION COURT EFFICIENCY AND 

2 REDUCING COSTS BY INCREASING ACCESS 

3 TO LEGAL INFORMATION. 

4 (a) APPOINTMENT OF COUNSEL IN CERTAIN CASES; 

5 RIGHT TO REVIEW CERTAIN DOCUMENTS IN REMOVAL

6 PROCEEDINGS.—Section 240(b) of the Immigration and 

7 Nationality Act (8 U.S.C. 1229a(b)) is amended— 

8 (1) in paragraph (4)— 

9 (A) in subparagraph (A)— 

10 (i) by striking ‘‘, at no expense to the 

11 Government,’’; and 

12 (ii) by striking the comma at the end 

13 and inserting a semicolon; 

14 (B) by redesignating subparagraphs (B) 

15 and (C) as subparagraphs (D) and (E), respec16 tively; 

17 (C) by inserting after subparagraph (A) 

18 the following: 

19 ‘‘(B) the Attorney General may appoint or 

20 provide counsel, at Government expense, to 

21 aliens in immigration proceedings; 

22 ‘‘(C) the alien shall, at the beginning of 

23 the proceedings or as expeditiously as possible, 

24 automatically receive a complete copy of all rel25 evant documents in the possession of the De26 partment of Homeland Security, including all 


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1 documents (other than documents protected 

2 from disclosure by privilege, including national 

3 security information referred to in subpara4 graph (D), law enforcement sensitive informa5 tion, and information prohibited from disclosure 

6 pursuant to any other provision of law) con7 tained in the file maintained by the Government 

8 that includes information with respect to all 

9 transactions involving the alien during the im10 migration process (commonly referred to as an 

11 ‘A-file’), and all documents pertaining to the 

12 alien that the Department of Homeland Secu13 rity has obtained or received from other govern14 ment agencies, unless the alien waives the right 

15 to receive such documents by executing a know16 ing and voluntary written waiver in a language 

17 that he or she understands fluently;’’; and 

18 (D) in subparagraph (D), as redesignated, 

19 by striking ‘‘, and’’ and inserting ‘‘; and’’; and 

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

21 ‘‘(8) FAILURE TO PROVIDE ALIEN REQUIRED

22 DOCUMENTS.—In the absence of a waiver under 

23 paragraph (4)(C), a removal proceeding may not 

24 proceed until the alien— 


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1 ‘‘(A) has received the documents as re2 quired under such paragraph; and 

3 ‘‘(B) has been provided meaningful time to 

4 review and assess such documents.’’. 

5 (b) CLARIFICATION REGARDING THE AUTHORITY OF

6 THE ATTORNEY GENERAL TO APPOINT COUNSEL TO

7 ALIENS IN IMMIGRATION PROCEEDINGS.—Section 292 of 

8 the Immigration and Nationality Act (8 U.S.C. 1362) is 

9 amended— 

10 (1) by striking ‘‘In any’’ and inserting the fol11 lowing: 

12 ‘‘(a) IN GENERAL.—In any proceeding conducted 

13 under section 235, 236, 238, 240, 241, or any other sec14 tion of this Act,’’; 

15 (2) in subsection (a), as redesignated— 

16 (A) by striking ‘‘(at no expense to the Gov17 ernment)’’; and 

18 (B) by striking ‘‘he shall’’ and inserting 

19 ‘‘the person shall’’; and 

20 (3) by adding at the end the following: 

21 ‘‘(b) ACCESS TO COUNSEL.—The Attorney General 

22 may appoint or provide counsel to aliens in any proceeding 

23 conducted under section 235, 236, 238, 240, or 241 or 

24 any other section of this Act. The Secretary of Homeland 


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1 Security shall ensure that aliens have access to counsel 

2 inside all immigration detention and border facilities.’’. 

3 (c) APPOINTMENT OF COUNSEL FOR CHILDREN AND

4 VULNERABLE ALIENS.— 

5 (1) IN GENERAL.—Section 292 of the Immigra6 tion and Nationality Act (8 U.S.C. 1362), as amend7 ed by subsection (b), is further amended by adding 

8 at the end the following: 

9 ‘‘(c) CHILDREN AND VULNERABLE ALIENS.—Not10 withstanding subsection (b), the Attorney General shall 

11 appoint counsel, at the expense of the Government if nec12 essary, at the beginning of the proceedings or as expedi13 tiously as possible, to represent in such proceedings any 

14 alien who has been determined by the Secretary of Home15 land Security or the Attorney General to be— 

16 ‘‘(1) a child (as defined in section 101(b)(1) of 

17 this Act); 

18 ‘‘(2) a particularly vulnerable individual, such 

19 as— 

20 ‘‘(A) a person with a disability; or 

21 ‘‘(B) a victim of abuse, torture, or violence; 

22 or 

23 ‘‘(3) an individual whose circumstances are 

24 such that the appointment of counsel is necessary to 


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1 help ensure fair resolution and efficient adjudication 

2 of the proceedings. 

3 ‘‘(d) EXTENSION TO CONSOLIDATED CASES.—If the 

4 Attorney General has consolidated the case of any alien 

5 for whom counsel was appointed under subsection (c) with 

6 that of any other alien, and that other alien does not have 

7 counsel, then the counsel appointed under subsection (c) 

8 shall be appointed to represent such other alien. 

9 ‘‘(e) AUTHORIZATION OF APPROPRIATIONS.—There 

10 is authorized to be appropriated to the Executive Office 

11 of Immigration Review of the Department of Justice such 

12 sums as may be necessary to carry out this section.’’. 

13 (2) RULEMAKING.—The Attorney General shall 

14 promulgate regulations to implement section 292(c) 

15 of the Immigration and Nationality Act, as added by 

16 paragraph (1), in accordance with the requirements 

17 set forth in section 3006A of title 18, United States 

18 Code. 

19 SEC. 3. ACCESS BY COUNSEL AND LEGAL ORIENTATION AT 

20 DETENTION FACILITIES. 

21 (a) ACCESS TO COUNSEL.—The Secretary of Home22 land Security shall facilitate access to counsel for all aliens 

23 detained in facilities under the supervision of U.S. Immi24 gration and Customs Enforcement or of U.S. Customs and 

25 Border Protection, including providing information to 


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1 aliens in detention about legal services programs at deten2 tion facilities. 

3 (b) ACCESS TO LEGAL ORIENTATION PROGRAMS.— 

4 The Secretary of Homeland Security, in consultation with 

5 the Attorney General, shall establish procedures to ensure 

6 that legal orientation programs are available for all de7 tained aliens, including aliens held in U.S. Customs and 

8 Border Protection facilities, to inform such aliens of the 

9 basic procedures of immigration hearings, their rights re10 lating to those hearings under Federal immigration laws, 

11 information that may deter such aliens from filing frivo12 lous legal claims, and any other information that the At13 torney General considers appropriate, such as a contact 

14 list of potential legal resources and providers. Access to 

15 legal orientation programs shall not be limited by the 

16 alien’s current immigration status, prior immigration his17 tory, or potential for immigration relief. 

18 (c) PILOT PROJECT FOR NONDETAINED ALIENS IN

19 REMOVAL PROCEEDINGS.—The Attorney General shall 

20 develop and administer a 2-year pilot program at not 

21 fewer than 2 immigration courts to provide nondetained 

22 aliens with pending asylum claims access to legal informa23 tion. At the conclusion of the pilot program, the Attorney 

24 General shall submit a report to the Committee on the 

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1 ary of the House of Representatives that describes the ex2 tent to which nondetained aliens are provided with access 

3 to counsel. 

4 (d) AUTHORIZATION OF APPROPRIATIONS.—There is 

5 authorized to be appropriated to the Executive Office of 

6 Immigration Review of the Department of Justice such 

7 sums as may be necessary to carry out this section. 

8 SEC. 4. CASE MANAGEMENT PILOT PROGRAM TO INCREASE 

9 COURT APPEARANCE RATES. 

10 (a) CONTRACT AUTHORITY.—The Secretary of 

11 Homeland Security shall establish a pilot program to in12 crease the court appearance rates of aliens described in 

13 section 292(c) of the Immigration and Nationality Act, as 

14 added by section 2(c)(1), by contracting with nongovern15 mental, community-based organizations to provide appro16 priate case management services to such aliens. This pilot 

17 program shall not be used to monitor individuals des18 ignated as unaccompanied alien children under Section 

19 462 of the Homeland Security Act. 

20 (b) SCOPE OF SERVICES.—Case management services 

21 provided under subsection (a) shall include assisting aliens 

22 with— 

23 (1) accessing legal counsel; 

24 (2) complying with court-imposed deadlines and 

25 other legal obligations; 


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1 (3) procuring appropriate housing; 

2 (4) enrolling their minor children in school; and 

3 (5) acquiring health services, including, if need4 ed, mental health services. 

5 (c) AUTHORIZATION OF APPROPRIATIONS.—There is 

6 authorized to be appropriated to the Department of 

7 Homeland Security such sums as may be necessary to 

8 carry out this section. 

9 SEC. 5. REPORT ON ACCESS TO COUNSEL. 

10 (a) REPORT.—Not later than December 31 of each 

11 year, the Secretary of Homeland Security, in consultation 

12 with the Attorney General, shall prepare and submit a re13 port to the Committee on the Judiciary of the Senate and 

14 the Committee on the Judiciary of the House of Rep15 resentatives regarding the extent to which aliens described 

16 in section 292(c) of the Immigration and Nationality Act, 

17 as added by section 2(c)(1), have been provided access to 

18 counsel. 

19 (b) CONTENTS.—Each report submitted under para20 graph (a) shall include, for the immediately preceding 1- 

21 year period— 

22 (1) the number and percentage of aliens de23 scribed in paragraphs (1), (2), and (3), respectively, 

24 of section 292(c) of the Immigration and Nationality 

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1 resented by counsel, including information speci2 fying— 

3 (A) the stage of the legal process at which 

4 the alien was represented; and 

5 (B) whether the alien was in government 

6 custody; and 

7 (2) the number and percentage of aliens who 

8 received legal orientation presentations. 

9 SEC. 6. MOTIONS TO REOPEN. 

10 Section 240(c)(7)(C) of the Immigration and Nation11 ality Act (8 U.S.C. 1229a(c)(7)(C)) is amended by adding 

12 at the end the following: 

13 ‘‘(v) SPECIAL RULE FOR CHILDREN

14 AND OTHER VULNERABLE ALIENS.—If the 

15 Attorney General fails to appoint counsel 

16 for an alien in violation of section 292(c)— 

17 ‘‘(I) no limitation under this 

18 paragraph pertaining to the filing of 

19 any motion under this paragraph by 

20 such alien shall apply; and 

21 ‘‘(II) the filing of such a motion 

22 shall stay the removal of the alien.’’. 

Æ 


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