I 
115TH CONGRESS 
2D SESSION 
H. R. 6527 
To provide access to counsel for children and other vulnerable populations. 
IN THE HOUSE OF REPRESENTATIVES 
JULY 25, 2018 
Mr. MCEACHIN (for himself, Ms. LOFGREN, Mr. NADLER, Mr. MEEKS, Mr. 
SOTO, Mr. MCGOVERN, Mr. HASTINGS, Mr. GUTIE´RREZ, Mr. COHEN, 
Ms. NORTON, Mr. THOMPSON of Mississippi, Ms. JAYAPAL, Mrs. NAPOLI-
TANO, Mr. CUMMINGS, Mr. VEASEY, Mr. SCOTT of Virginia, Mrs. WAT-
SON COLEMAN, Ms. WASSERMAN SCHULTZ, Mr. BLUMENAUER, Mr. 
JOHNSON of Georgia, Mr. RASKIN, Ms. MENG, Mr. WELCH, Mr. 
JEFFRIES, Mr. PALLONE, Ms. DELAURO, Mr. CARSON of Indiana, Mr. 
PANETTA, Ms. BONAMICI, Mr. KHANNA, Mr. LEWIS of Georgia, Mr. LAN-
GEVIN, Mr. LOWENTHAL, Ms. VELA´ZQUEZ, Mr. CA´RDENAS, Mr. VELA, 
Ms. ROYBAL-ALLARD, Mr. GALLEGO, Mr. RICHMOND, and Mr. SMITH of 
Washington) 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 ‘‘Funding Attorneys for 
Indigent Removal (FAIR) Proceedings Act’’. 
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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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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 or provide counsel, at the expense of the Govern-
ment if necessary, at the beginning of the proceedings or 
as expeditiously as possible, to represent in such pro-
ceedings any alien who has been determined by the Sec-
retary 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; 
‘‘(3) an individual whose income is at or below 
200 percent of the poverty line (as defined by the 
Office of Management and Budget and revised an-
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nually in accordance with section 673(2) of the 
Community Services Block Grant Act (42 U.S.C. 
9902(2))) applicable to a family of the size involved; 
or 
‘‘(4) 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, in 
addition to amounts available in the Immigration Counsel 
Account under section 295, such sums as may be nec-
essary 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 
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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 
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 
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alien’s current immigration status, prior immigration his-
tory, or potential for immigration relief. 
SEC. 4. 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), (3), and (4), respec-
tively, of section 292(c) of the Immigration and Na-
tionality Act, as added by section 2(c)(1), who were 
represented 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 
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(2) the number and percentage of aliens who 
received legal orientation presentations. 
SEC. 5. 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 ALIENS EN-
TITLED TO APPOINTMENT OF COUNSEL.— 
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.’’. 
SEC. 6. SUPPLEMENTARY SURCHARGE. 
(a) IN GENERAL.—Chapter 9 of the Immigration and 
Nationality Act is amended by adding at the end the fol-
lowing: 
‘‘SEC. 295. SUPPLEMENTARY SURCHARGE. 
‘‘(a) IN GENERAL.—There is established in the gen-
eral fund of the Treasury a separate account which shall 
be known as the ‘Immigration Counsel Account’. Notwith-
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standing any other section of this title, there shall be de-
posited as offsetting receipts into the Immigration Counsel 
Account all fees collected under subsection (c) of this sec-
tion, to remain available until expended for purposes of 
providing access to counsel when required or authorized 
under this Act and facilitating access to counsel under the 
Funding Attorneys for Indigent Removal (FAIR) Pro-
ceedings Act. 
‘‘(b) REPORT.—At the end of each 2-year period, be-
ginning with the creation of this account, the Secretary 
of Homeland Security, following a public rulemaking with 
opportunity for notice and comment, shall submit a report 
to the Congress concerning the status of the account, in-
cluding any balances therein, and recommend any adjust-
ment in the prescribed fee that may be required to ensure 
that the receipts collected from the fee charged for the 
succeeding two years equal, as closely as possible, the cost 
of providing access to counsel when required or authorized 
under this Act and facilitating access counsel under the 
Funding Attorneys for Indigent Removal (FAIR) Pro-
ceedings Act. 
‘‘(c) RECEIPTS.—In any case in which a fee is 
charged pursuant to this Act or any of the other immigra-
tion laws, an additional surcharge of $10 shall also be im-
posed and collected.’’. 
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(b) TABLE OF CONTENTS.—The table of contents for 
such Act is amended by inserting after the item relating 
to section 294 the following: 
‘‘Sec. 295. Supplementary surcharge.’’. 
Æ 
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