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Free Legal Counsel for Unaccompanied Children in Deportation Proceedings.

This law ensures that children who arrive in the U.S. without adult guardians receive a government-funded lawyer throughout their entire deportation process. This aims to guarantee a fair trial and equal access to justice for the most vulnerable individuals. Furthermore, children and their lawyers must receive the full case documentation from the government before proceedings can begin, ensuring time for defense preparation.
Key points
Unaccompanied children in immigration proceedings are entitled to a free, government-appointed lawyer provided by the Department of Health and Human Services (HHS).
Counsel must be provided quickly and represent the child at every stage of the proceedings, regardless of whether the child turns 18.
Authorities must provide the full case file (A-file) to the child or their counsel within 7 days of the start of proceedings, and the hearing cannot begin without 10 days for review.
If the government fails to provide counsel, time limits for reopening the deportation case are waived, and filing a motion stays the child's removal.
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Additional Information
Print number: 118_S_3065
Sponsor: Sen. Hirono, Mazie K. [D-HI]
Process start date: 2023-10-17