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. CON-
YERS, Ms. JUDY CHU of California, Mr. MCGOVERN, Ms. MICHELLE 
LUJAN GRISHAM of New Mexico, Mr. CROWLEY, Mr. VEASEY, Mr. GRI-
JALVA, 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 Com-
mittee on the Judiciary 
A BILL 
To provide access to counsel for children and other 
vulnerable populations. 
Be it enacted by the Senate and House of Representa-
tives 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 2017’’. 
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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), respec-
tively; 
(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 rel-
evant documents in the possession of the De-
partment of Homeland Security, including all 
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documents (other than documents protected 
from disclosure by privilege, including national 
security information referred to in subpara-
graph (D), law enforcement sensitive informa-
tion, and information prohibited from disclosure 
pursuant to any other provision of law) con-
tained in the file maintained by the Government 
that includes information with respect to all 
transactions involving the alien during the im-
migration process (commonly referred to as an 
‘A-file’), and all documents pertaining to the 
alien that the Department of Homeland Secu-
rity has obtained or received from other govern-
ment agencies, unless the alien waives the right 
to receive such documents by executing a know-
ing 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— 
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‘‘(A) has received the documents as re-
quired 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 fol-
lowing: 
‘‘(a) IN GENERAL.—In any proceeding conducted 
under section 235, 236, 238, 240, 241, or any other sec-
tion of this Act,’’; 
(2) in subsection (a), as redesignated— 
(A) by striking ‘‘(at no expense to the Gov-
ernment)’’; 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 
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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 Immigra-
tion and Nationality Act (8 U.S.C. 1362), as amend-
ed by subsection (b), is further amended by adding 
at the end the following: 
‘‘(c) CHILDREN AND VULNERABLE ALIENS.—Not-
withstanding subsection (b), the Attorney General shall 
appoint counsel, at the expense of the Government if nec-
essary, at the beginning of the proceedings or as expedi-
tiously as possible, to represent in such proceedings any 
alien who has been determined by the Secretary of Home-
land 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 
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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 Home-
land Security shall facilitate access to counsel for all aliens 
detained in facilities under the supervision of U.S. Immi-
gration and Customs Enforcement or of U.S. Customs and 
Border Protection, including providing information to 
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aliens in detention about legal services programs at deten-
tion 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 de-
tained 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 re-
lating to those hearings under Federal immigration laws, 
information that may deter such aliens from filing frivo-
lous legal claims, and any other information that the At-
torney 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 his-
tory, 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 informa-
tion. 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 Judici-
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ary of the House of Representatives that describes the ex-
tent 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 in-
crease 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 nongovern-
mental, community-based organizations to provide appro-
priate case management services to such aliens. This pilot 
program shall not be used to monitor individuals des-
ignated 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; 
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(3) procuring appropriate housing; 
(4) enrolling their minor children in school; and 
(5) acquiring health services, including, if need-
ed, 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 re-
port to the Committee on the Judiciary of the Senate and 
the Committee on the Judiciary of the House of Rep-
resentatives 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 para-
graph (a) shall include, for the immediately preceding 1- 
year period— 
(1) the number and percentage of aliens de-
scribed 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 rep-
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resented by counsel, including information speci-
fying— 
(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 Nation-
ality 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.’’. 
Æ 
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