Fair Day in Court for Kids Act of 2025
Fair Day in Court for Kids Act of 2025
Plain Language Summary
# Fair Day in Court for Kids Act of 2025 - Summary **What the Bill Would Do:** This bill would require the federal government to provide free legal representation to immigrants involved in removal (deportation) proceedings. It specifically mandates that unaccompanied children must have a government-paid lawyer at every stage of their immigration case, unless they hire their own attorney. The bill also ensures that immigrants receive copies of their immigration files and sets protections preventing deportation if the government fails to provide required legal counsel. **Who It Affects:** The bill primarily affects unaccompanied immigrant children and other non-U.S. nationals facing deportation proceedings.
Currently, immigrants in removal cases are not guaranteed free legal representation—many represent themselves or rely on nonprofit organizations. This bill would shift that responsibility to the government, affecting the Departments of Justice, Homeland Security, and Health and Human Services. **Current Status:** The bill was introduced by Senator Mazie Hirono (D-HI) in the 119th Congress and is currently in committee, meaning it has not yet been debated or voted on by the full Senate. The bill has not advanced further in the legislative process.
CRS Official Summary
Fair Day in Court for Kids Act of 2025This bill provides legal protections for a non-U.S. national (alien under federal law) who is detained or subject to immigration-related proceedings.The Department of Justice (DOJ), or the Department of Health and Human Services (HHS) in a case involving an unaccompanied child, may appoint or provide counsel at the government's expense to non-U.S. nationals in removal proceedings and related appeals.An unaccompanied child must be represented by counsel paid for and appointed by the government at every stage of such proceedings unless the child has obtained counsel at their own expense. If HHS fails to provide counsel to an unaccompanied child, the child's deadline for filing a motion to reopen a removal proceeding shall not apply, and the filing of such a motion shall stay the child's removal from the United States.The Department of Homeland Security (DHS) must provide a complete copy of a non-U.S. national's immigration file to the non-U.S. national (or the non-U.S. national's counsel) within seven days of a notice to appear for an immigration proceeding, and failure to provide the file shall result in a delay in the proceeding.DHS must provide access to counsel for all detained non-U.S. nationals.The Office of Refugee Resettlement must develop model guidelines for representing non-U.S. national children in immigration proceedings.HHS must annually report on the extent to which it has provided counsel for unaccompanied children under this bill.
Latest Action
Read twice and referred to the Committee on the Judiciary.