Title: FAIR Proceedings Act
Policy area: Immigration

Summary:
Funding Attorneys for Indigent Removal Proceedings Act or the FAIR Proceedings Act
This bill expands access to counsel for aliens in immigration proceedings and provides for protections related to such proceedings.
An alien shall have the privilege of being represented by counsel in any immigration proceeding, whereas currently this privilege is statutorily provided for only in removal proceedings.
Similarly, the Department of Justice (DOJ) may provide counsel at government expense to aliens in any immigration proceeding, whereas currently DOJ is statutorily authorized to provide counsel to aliens only in removal proceedings and at no expense to the government.
Under this bill, DOJ shall provide counsel to children and vulnerable individuals in such proceedings, at government expense if necessary. If DOJ fails to do so, certain limits on filing a motion to reopen removal proceedings (such as the time limit for filing) shall not apply, and the alien's removal shall be stayed upon the motion's filing.
The Department of Homeland Security (DHS) shall provide each alien, generally at the beginning of proceedings, a complete copy of the alien's case file in DHS possession, unless the alien waives this right in writing. Failure to provide such documents shall delay the alien's removal proceeding.
DHS shall facilitate for all detained aliens access to counsel and programs that inform such aliens of their immigration-related rights and obligations.

[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[S. 2389 Introduced in Senate (IS)]

<DOC>






116th CONGRESS
  1st Session
                                S. 2389

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


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             July 31, 2019

Mr. Schumer (for Mrs. Gillibrand (for herself, Mr. Blumenthal, and Mr. 
   Booker)) introduced the following bill; which was read twice and 
               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 Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLES.

    This Act may be cited as the ``Funding Attorneys for Indigent 
Removal Proceedings Act'' or the ``FAIR Proceedings Act''.

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), respectively;
                    (C) by inserting after subparagraph (A) the 
                following:
                    ``(B) the Attorney General may appoint or provide 
                counsel, at Government expense, to the alien;
                    ``(C) the alien, at the beginning of such 
                proceedings or as expeditiously as possible, shall 
                automatically receive a complete copy of all relevant 
                documents in the possession of the Department of 
                Homeland Security (unless the alien waives the right to 
                receive such documents by executing a knowing and 
                voluntary written waiver in a language that he or she 
                understands fluently), including--
                            ``(i) all documents (other than documents 
                        protected from disclosure by privilege and 
                        documents containing national security 
                        information referred to in subparagraph (D), 
                        law enforcement sensitive information, or 
                        information prohibited from disclosure pursuant 
                        to any other provision of law) contained in the 
                        file maintained by the Government that includes 
                        information with respect to all transactions 
                        involving the alien during the immigration 
                        process (commonly referred to as an `A-file'); 
                        and
                            ``(ii) all documents pertaining to the 
                        alien that the Department of Homeland Security 
                        has obtained or received from other government 
                        agencies;''; 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--
                    ``(A) has received the documents required 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 following:
    ``(a) In General.--In any proceeding conducted under section 235, 
236, 238, 240, or 241, or under any other section of this Act, 
including'';
            (2) in subsection (a), as redesignated--
                    (A) by striking ``(at no expense to the 
                Government)''; 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 under 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 Immigration and 
        Nationality Act, as amended by subsection (b), is further 
        amended by adding at the end the following:
    ``(c) Children and Vulnerable Aliens.--Notwithstanding subsection 
(b), the Attorney General shall appoint or provide counsel, at the 
expense of the Government, if necessary, at the beginning of 
immigration proceedings, or as expeditiously as possible, to represent 
in such proceedings any alien who has been determined by the Secretary 
of Homeland Security or the Attorney General to be--
            ``(1) a child;
            ``(2) a person with a disability;
            ``(3) a victim of abuse, torture, or violence;
            ``(4) 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 annually 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
            ``(5) an individual whose circumstances require the 
        appointment of counsel to help ensure the fair resolution and 
        efficient adjudication of the proceedings.
    ``(d) Extension to Consolidated Cases.--If the Attorney General has 
consolidated the case of an alien for whom counsel was appointed under 
subsection (c) with the case of another alien who does not have 
counsel, the counsel appointed under subsection (c) shall be appointed 
to represent such other alien.
    ``(e) Authorization of Appropriations.--In addition to amounts 
available in the Immigration Counsel Account under section 295, 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 Homeland Security shall 
facilitate access to counsel for all aliens detained in facilities 
under the supervision of U.S. Immigration and Customs Enforcement or of 
U.S. Customs and Border Protection, including providing information to 
such aliens regarding legal services programs at detention facilities.
    (b) Access to Legal Orientation Programs.--
            (1) Procedures.--The Secretary of Homeland Security, in 
        consultation with the Attorney General, shall establish 
        procedures--
                    (A) to ensure that legal orientation programs are 
                available for all detained aliens, including aliens 
                held in U.S. Customs and Border Protection facilities; 
                and
                    (B) to inform such aliens of--
                            (i) the basic procedures of immigration 
                        hearings;
                            (ii) their rights relating to such hearings 
                        under Federal immigration laws;
                            (iii) information that may deter such 
                        aliens from filing frivolous legal claims; and
                            (iv) any other information that the 
                        Attorney General considers appropriate, such as 
                        a contact list of potential legal resources and 
                        providers.
            (2) Universal availability.--Access to legal orientation 
        programs under paragraph (1) may not be limited by the alien's 
        current immigration status, prior immigration history, 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 
submit a report to the Committee on the Judiciary of the Senate and the 
Committee on the Judiciary of the House of Representatives 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 subsection (a) shall 
include, for the immediately preceding 1-year period--
            (1) the number and percentage of aliens described in 
        paragraphs (1), (2), (3), and (4), respectively, of section 
        292(c) of the Immigration and Nationality Act who were 
        represented by counsel, including information specifying--
                    (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. 5. MOTIONS TO REOPEN.

    Section 240(c)(7)(C) of the Immigration and Nationality Act (8 
U.S.C. 1229a(c)(7)(C)) is amended by adding at the end the following:
                            ``(v) Special rule for aliens entitled 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.''.
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