I 
114TH CONGRESS 
2D SESSION 
H. R. 4646 
To provide access to counsel for children and other vulnerable populations. 
IN THE HOUSE OF REPRESENTATIVES 
FEBRUARY 26, 2016 
Ms. LOFGREN (for herself, Mr. GUTIE´RREZ, Ms. ROYBAL-ALLARD, Mr. 
HOYER, Mr. CONYERS, Mr. MCGOVERN, Mr. QUIGLEY, Ms. SCHA-
KOWSKY, Mr. JOHNSON of Georgia, Mr. HONDA, Mr. GRIJALVA, Ms. 
JACKSON LEE, Mr. ELLISON, Mr. CA´RDENAS, Mr. O’ROURKE, Ms. JUDY 
CHU of California, Ms. LINDA T. SA´NCHEZ of California, Mr. BECERRA, 
Mr. VARGAS, Mrs. NAPOLITANO, Ms. DELBENE, Ms. ADAMS, Mr. POLIS, 
Mr. CROWLEY, Mrs. TORRES, Ms. KAPTUR, Ms. NORTON, Ms. HAHN, 
Mr. SERRANO, Ms. VELA´ZQUEZ, Mr. KENNEDY, Mr. LARSON of Con-
necticut, Mr. SCOTT of Virginia, Ms. BONAMICI, Mr. GALLEGO, Ms. 
MOORE, Mrs. DINGELL, Mr. SIRES, Mr. DANNY K. DAVIS of Illinois, Mr. 
DEUTCH, Ms. DEGETTE, Mr. DOGGETT, Mr. JEFFRIES, Mr. KIND, Mr. 
COHEN, Mr. MCDERMOTT, Mr. PIERLUISI, Mr. CASTRO of Texas, Mr. 
NADLER, Ms. MICHELLE LUJAN GRISHAM of New Mexico, Mrs. CAPPS, 
and Ms. WASSERMAN SCHULTZ) 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. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
VerDate Sep 11 2014 
03:51 Feb 27, 2016
Jkt 059200
PO 00000
Frm 00001
Fmt 6652
Sfmt 6201
E:\BILLS\H4646.IH
H4646
rfrederick on DSK6VPTVN1PROD with BILLS
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), 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, 
VerDate Sep 11 2014 
03:51 Feb 27, 2016
Jkt 059200
PO 00000
Frm 00002
Fmt 6652
Sfmt 6201
E:\BILLS\H4646.IH
H4646
rfrederick on DSK6VPTVN1PROD with BILLS
automatically receive a complete copy of all rel-
evant documents in the possession of the De-
partment of Homeland Security, including all 
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 
VerDate Sep 11 2014 
03:51 Feb 27, 2016
Jkt 059200
PO 00000
Frm 00003
Fmt 6652
Sfmt 6201
E:\BILLS\H4646.IH
H4646
rfrederick on DSK6VPTVN1PROD with BILLS
paragraph (4)(C), a removal proceeding may not 
proceed until the alien— 
‘‘(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 
VerDate Sep 11 2014 
03:51 Feb 27, 2016
Jkt 059200
PO 00000
Frm 00004
Fmt 6652
Sfmt 6201
E:\BILLS\H4646.IH
H4646
rfrederick on DSK6VPTVN1PROD with BILLS
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 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 
VerDate Sep 11 2014 
03:51 Feb 27, 2016
Jkt 059200
PO 00000
Frm 00005
Fmt 6652
Sfmt 6201
E:\BILLS\H4646.IH
H4646
rfrederick on DSK6VPTVN1PROD with BILLS