I 
119TH CONGRESS 
1ST SESSION H. R. 3127 
To establish the right to counsel, at Government expense for those who 
cannot afford counsel, for people facing removal. 
IN THE HOUSE OF REPRESENTATIVES 
APRIL 30, 2025 
Mrs. TORRES of California (for herself, Ms. MENG, and Ms. JAYAPAL) intro-
duced the following bill; which was referred to the Committee on the Ju-
diciary 
A BILL 
To establish the right to counsel, at Government expense 
for those who cannot afford counsel, for people facing 
removal. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 
(a) SHORT TITLE.—This Act may be cited as the 
‘‘Fairness to Freedom Act of 2025’’. 
(b) TABLE OF CONTENTS.—The table of contents for 
this Act is as follows: 
Sec. 1. Short title; table of contents. 
TITLE I—GUARANTEEING THE RIGHT TO COUNSEL 
Sec. 101. Guaranteeing and expanding the right to counsel. 
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Sec. 102. Public charge. 
TITLE II—OFFICE OF IMMIGRATION REPRESENTATION 
Sec. 201. Definitions. 
Sec. 202. Establishment; purpose; independence. 
Sec. 203. Board of Directors. 
Sec. 204. Director. 
Sec. 205. Employees. 
Sec. 206. Local immigration representation boards. 
Sec. 207. Types of immigration defenders. 
Sec. 208. Compensation and reimbursement of expenses of counsel. 
Sec. 209. Services other than counsel. 
Sec. 210. Immigration Representation Advisory Board. 
TITLE III—AUTHORIZATION OF APPROPRIATIONS 
Sec. 301. Authorization of appropriations. 
Sec. 302. Minimum funding for the Office of Immigration Representation. 
TITLE I—GUARANTEEING THE 
RIGHT TO COUNSEL 
SEC. 101. GUARANTEEING AND EXPANDING THE RIGHT TO 
COUNSEL. 
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.—Any individual in any removal, 
exclusion, deportation, bond, or expedited removal pro-
ceeding under section 212(d)(5)(A), 235(b)(1)(B), 236, 
238, 240, or 241 or in any matter related to any such 
proceeding before U.S. Citizenship and Immigration Serv-
ices, any State court, or any court created under article 
III of the Constitution of the United States, any individual 
who is financially unable to obtain representation subject 
to such proceeding shall be entitled to legal representation 
at Government expense in accordance with this section. 
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‘‘(b) MATTERS INCLUDED.—Proceedings and mat-
ters referred to in subsection (a) shall include— 
‘‘(1) petitions for a writ of habeas corpus under 
section 2241 of title 28, United States Code, or any 
other similar proceeding; 
‘‘(2) administrative and judicial proceedings for 
individuals who may be eligible for special immigrant 
juvenile status under section 1101(a)(27)(J)(ii) of 
title 8, United States Code; 
‘‘(3) applications before the U.S. Citizenship 
and Immigration Services related to relief from re-
moval, and post-conviction relief in criminal pro-
ceedings; 
‘‘(4) post-conviction relief in criminal pro-
ceedings; and 
‘‘(5) any other legal proceeding involving an in-
dividual described in subsection (a) that is related to 
such individual’s legal status in the United States. 
‘‘(c) SCOPE OF COUNSEL.— 
‘‘(1) ADVOCACY.—Consistent with Rule 1.3 of 
the American Bar Association’s Model Rules of Pro-
fessional conduct, attorneys and other persons pro-
viding representation to individuals in proceedings or 
matters described in subsection (a) shall— 
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‘‘(A) act with reasonable diligence, prompt-
ness, commitment, and dedication to the inter-
ests of the client and with zeal in advocating on 
the client’s behalf; and 
‘‘(B) hold the Government to its burden by 
presenting the fullest defense possible in each 
such proceeding or matter. 
‘‘(2) SCOPE OF REPRESENTATION.—Represen-
tation under this section shall include— 
‘‘(A) counsel and interpretation and trans-
lation services; and 
‘‘(B) any other services that are necessary 
for effective representation, including the serv-
ices described in section 309 of the Fairness to 
Freedom Act of 2025. 
‘‘(3) COMMENCEMENT OF REPRESENTATION.— 
‘‘(A) IN GENERAL.—The right to counsel 
of a person detained in, or released from, the 
custody of the Department of Homeland Secu-
rity or the Department of Health and Human 
Services shall attach at the earlier of— 
‘‘(i) the placement of the person in 
the custody of either department, regard-
less of whether the person has been for-
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mally placed in a proceeding described in 
subsection (a); or 
‘‘(ii) the issuance to the person of a 
Notice to Appear or other document initi-
ating proceedings under section 235, 238, 
240, or 241. 
‘‘(B) CLARIFICATION.—The appointment 
of counsel based on the issuance of a Notice to 
Appear shall occur regardless of whether the 
Notice to Appear has been filed with the immi-
gration court. The appointment of counsel for a 
detained person shall occur as soon as possible, 
but in no event later than 24 hours after such 
person is taken into the custody of the Depart-
ment of Homeland Security. 
‘‘(4) CONTINUOUS REPRESENTATION.— 
‘‘(A) IN
GENERAL.—An individual for 
whom counsel is appointed under this section 
shall be represented continuously at every stage 
of proceedings beginning with the initial ap-
pearance before any official with adjudicatory 
authority and including any proceedings before 
the Immigration Courts, the Board of Immigra-
tion Appeals, Federal district courts, Federal 
courts of appeal, and the United States Su-
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preme Court, including ancillary matters related 
to the proceedings described in subsection (a), 
and ending when all such proceedings have con-
cluded. 
‘‘(B) APPOINTMENT OF DIFFERENT COUN-
SEL.—If the nature of the representation need-
ed by a person in proceedings under this section 
requires the appointment of different represent-
atives for different stages of such proceedings, 
all such representatives shall comply with the 
minimum standards of representation described 
in paragraph (1). 
‘‘(C) APPOINTMENT
OF
NEW
COUNSEL 
AFTER RELOCATION.—The Office of Immigra-
tion Representation established under section 
202 of the Fairness to Freedom Act of 2025 
shall ensure that each individual who is released 
from custody and moves to a State or munici-
pality other than the State or municipality in 
which he or she was in custody, or who is trans-
ferred to a detention facility in another State or 
municipality is provided with counsel in the new 
State or municipality in which the individual re-
sides or is detained. 
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‘‘(5) CONSTRUCTION.—This subsection shall be 
broadly construed to attach in any proceeding and 
related matter, including any petition for review or 
appellate process, request for re-interview, request 
for reconsideration, and motion to reopen, arising 
from a proceeding or matter described in subsection 
(a). 
‘‘(d) ELIGIBILITY AND COMMENCEMENT OF IMMI-
GRATION PROCEEDINGS.— 
‘‘(1) NOTIFICATION.—A proceeding described in 
subsection (a) shall not commence until counsel has 
been appointed to represent the individual subject to 
such proceeding. If such a proceeding has already 
commenced without the appointment of counsel, 
such proceeding shall be paused until such counsel 
is appointed. Before commencing a proceeding de-
scribed in subsection (a), the adjudicatory official, 
who may be an official of U.S. Immigration and 
Customs Enforcement or of U.S. Customs and Bor-
der Protection, under a plan approved by the Office 
of Immigration Representation, shall notify the indi-
vidual subject to such proceeding that— 
‘‘(A) such individual has the right to be 
represented by counsel; and 
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‘‘(B) counsel will be appointed to represent 
such individual before the commencement of 
such proceeding if the individual— 
‘‘(i) has not retained private counsel; 
and 
‘‘(ii) is financially unable to obtain 
counsel. 
‘‘(2) DETERMINATION OF FINANCIAL ABILITY 
TO OBTAIN COUNSEL.— 
‘‘(A) IN GENERAL.—An individual shall be 
deemed to be financially unable to obtain coun-
sel under paragraph (1)(B)(ii) if the individ-
ual’s net financial resources and income are in-
sufficient to obtain qualified counsel. 
‘‘(B) ELIGIBILITY FOR COUNSEL.—An in-
dividual who makes a sworn statement to the 
adjudicatory official referred to in subsection 
(a) that he or she is a member of a family 
whose income is not more than 200 percent of 
the poverty line (as defined in section 673(2) of 
the Community Services Block Grant Act (42 
U.S.C. 9902(2))) is eligible for Government-ap-
pointed counsel under this section. 
‘‘(3) ACCESS TO PERTINENT DOCUMENTS AND 
INFORMATION.— 
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‘‘(A) IN
GENERAL.—An individual de-
scribed in subsection (a) and his or her counsel 
shall automatically receive a complete copy of 
all documents and information pertaining to 
such individual that are in the possession of the 
Department of Homeland Security or the De-
partment of Health and Human Services, in-
cluding documents obtained from other Govern-
ment agencies, unless the disclosure of any such 
document or information is barred by privilege 
or otherwise prohibited by law. 
‘‘(B) RECORDS.—Not later than 7 days 
after counsel is appointed to represent an indi-
vidual under this Act, the Director of U.S. Citi-
zenship and Immigration Services shall— 
‘‘(i) provide such individual and coun-
sel with a complete copy of the individual’s 
immigration file (commonly known as the 
‘A-file’); and 
‘‘(ii) facilitate the provision to such 
individual and counsel of a copy of any 
Record of Proceeding that is in the posses-
sion of the Department of Homeland Secu-
rity, the Department of Health and 
Human Services, or the Department of 
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Justice (other than documents protected 
from disclosure under section 552(b) of 
title 5, United States Code). 
‘‘(4) RESTRICTION.—A proceeding described in 
subsection (a) may not commence before the date 
that is 10 days after the date on which the indi-
vidual, or the individual’s counsel, has received all of 
the documents described in paragraph (3), in order 
to review and assess such documents, unless the in-
dividual or his or her counsel knowingly and volun-
tarily waives such restriction. 
‘‘(e) APPOINTMENT OF COUNSEL.— 
‘‘(1) NOTIFICATION REQUIREMENT.—If an indi-
vidual who is entitled to representation under this 
section is not represented by counsel, the adjudica-
tory official shall— 
‘‘(A) notify the Local Administrator ap-
pointed pursuant to section 206(k)(3) of the 
Fairness to Freedom Act of 2025 (or the des-
ignee of the Local Administrator) that such in-
dividual is not represented by counsel; and 
‘‘(B) advise such individual— 
‘‘(i) of his or her right to be rep-
resented by counsel; and 
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‘‘(ii) that such counsel will be ap-
pointed if such person is financially unable 
to obtain counsel. 
‘‘(2) WAIVER.—An individual’s right to be rep-
resented by appointed counsel may only be waived by 
the individual— 
‘‘(A) in the physical presence of appointed 
counsel; 
‘‘(B) if such waiver is knowing and vol-
untary; and 
‘‘(C) if the individual demonstrates that he 
or she— 
‘‘(i) understands the nature of any 
charges and the possible defenses and out-
comes; and 
‘‘(ii) possesses the knowledge and in-
telligence necessary to conduct his or her 
own defense. 
‘‘(3) APPEAL
OF
WAIVER; RETROACTIVE
AP-
POINTMENT.—Counsel may appeal any putative 
waiver to the Office of Immigration Representation 
established under section 202 of the Fairness to 
Freedom Act of 2025 if counsel reasonably believes 
that such waiver did not meet the requirements 
under paragraph (2). If the Office of Immigration 
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Representation concurs with counsel’s assessment, 
the Office may retroactively appoint counsel in order 
to include any representation furnished pursuant to 
the plan before such appointment. 
‘‘(4) APPOINTMENT OF COUNSEL.—Unless an 
individual waives representation by counsel pursuant 
to paragraph (2), the Local Administrator, upon no-
tification that an individual may meet the criteria 
for appointed counsel, shall appoint counsel for such 
individual in accordance with the Local Plan devel-
oped pursuant to section 206(k)(1) of the Fairness 
to Freedom Act of 2025 if the Local Administrator 
determines, after appropriate inquiry, that such indi-
vidual is financially unable to obtain counsel. An ap-
pointment under this paragraph may be made retro-
active to include any representation furnished to 
such individual by such counsel before such appoint-
ment. 
‘‘(5) APPOINTMENT OF SEPARATE COUNSEL.— 
The Local Administrator shall appoint separate 
counsel for individuals who are subjected to the 
same proceeding or related proceedings if— 
‘‘(A) the interests of such individuals can-
not, consistent with ethical responsibilities and 
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manageable workloads, be properly be rep-
resented by a single counsel; or 
‘‘(B) 
the 
Local 
Administrator 
dem-
onstrates another good cause for appointing 
separate counsel. 
‘‘(6) CONSOLIDATED CASES.— 
‘‘(A) IN GENERAL.—Subject to paragraph 
(5) and except as provided in subparagraph 
(B), if the Attorney General consolidates the 
case of an individual for whom counsel was ap-
pointed pursuant to subsection (a) with the case 
of another individual without counsel, the coun-
sel appointed pursuant to subsection (a) shall 
be appointed to represent such other individual 
unless a conflict of interest would prevent joint 
representation. 
‘‘(B) CONFLICT OF INTEREST.—If a con-
flict of interest prevents joint representation 
under subparagraph (A), the Local Adminis-
trator shall appoint separate counsel for the in-
dividuals referred to in such subparagraph un-
less the Local Administrator demonstrates that 
there is a good cause for not appointing sepa-
rate counsel. 
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‘‘(7) CHANGE OF FINANCIAL CIRCUMSTANCES 
DURING PROCEEDINGS.—If an individual who has 
retained counsel becomes financially unable to pay 
such counsel and is eligible for appointed counsel 
under this section, the Local Administrator may ap-
point counsel for such individual in accordance with 
this section. 
‘‘(8) SUBSTITUTION OF COUNSEL.—The Local 
Administrator, in the interests of justice, upon a 
showing of good cause, and consistent with ethical 
requirements applicable to attorneys practicing in 
the region, substitute an appointed counsel for an-
other appointed counsel at any stage of a proceeding 
referred to in subsection (a). 
‘‘(f) ACCESS TO COUNSEL.— 
‘‘(1) IN GENERAL.—If an individual is subject 
to proceedings described in subsection (a) or to de-
tention or inspection at a port of entry, U.S. Cus-
toms and Border Protection, U.S. Immigration and 
Customs Enforcement, or the Office of Refugee Re-
settlement, as appropriate, shall— 
‘‘(A) facilitate access for such individual to 
counsel; and 
‘‘(B) ensure that counsel appointed under 
this section is permitted to meet in person with 
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such individual in a confidential, private setting 
when requested during the first 12 hours the 
individual is detained and as soon as practicable 
after subsequent meeting requests. 
‘‘(2) ALTERNATIVE
MEETING
OPTIONS.—If 
counsel appointed pursuant to this section cannot 
personally meet with an individual described in para-
graph (1) to whom such counsel was appointed to 
represent, U.S. Customs and Border Protection, 
U.S. Immigration and Customs Enforcement, or the 
Office of Refugee Resettlement, as appropriate, at 
the request of such individual or the counsel of the 
individual, shall provide alternative options through 
which counsel may communicate with such indi-
vidual remotely in a confidential, private manner 
during the first 12 hours such individual is detained 
and as soon as practicable after subsequent meeting 
requests. 
‘‘(3) EFFECT OF FAILURE TO PROVIDE TIMELY 
ACCESS TO COUNSEL.—If U.S. Customs and Border 
Protection, U.S. Immigration and Customs Enforce-
ment, or the Office of Refugee Resettlement, as ap-
plicable, fails to timely provide an individual with ac-
cess to counsel in accordance with paragraph (1) or 
(2), no statement made by the individual before such 
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access has been made available may be introduced 
into evidence against the respondent except on a mo-
tion by the appointed counsel, who shall be entitled 
to a continuance in the proceedings giving rise to the 
appointment of such counsel. 
‘‘(4) LIMITATION.—An individual held or de-
tained at a port of entry may not submit a valid 
Record of Abandonment of Lawful Permanent Resi-
dent Status or Withdrawal of Application for Admis-
sion if U.S. Customs and Border Protection or U.S. 
Immigration and Customs Enforcement has failed to 
provide such individual with access to counsel in ac-
cordance with this section. 
‘‘(5) INSTITUTIONAL HEARING PROGRAM.—In-
dividuals held in Federal, State, or local criminal 
custody who are placed in any proceeding described 
in subsection (a) shall be ensured access to counsel 
consistent with the requirements of this section. No 
statement made by the respondent before such ac-
cess has been made available may be introduced into 
evidence against the respondent except on appointed 
counsel’s own motion. Counsel shall be entitled to a 
continuance in the proceedings giving rise to his or 
her appointment. 
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