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Right to Free Legal Counsel in Deportation and Immigration Cases.

This law guarantees the right to free legal assistance for low-income individuals facing deportation or removal from the United States. It establishes an independent Office of Immigration Representation to ensure continuous, high-quality defense at all stages of proceedings. Seeking this assistance will not negatively affect an individual's immigration status.
Key points
Guarantees free legal counsel for low-income individuals in deportation, exclusion, and detention proceedings.
Proceedings cannot begin until counsel is appointed; if access to counsel is denied, statements made by the detainee cannot be used as evidence.
Establishes an independent Office of Immigration Representation (OIR) with minimum funding tied to immigration enforcement budgets to ensure resource parity.
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Additional Information
Print number: 118_S_1187
Sponsor: Sen. Gillibrand, Kirsten E. [D-NY]
Process start date: 2023-04-18