Free legal counsel for unaccompanied children in immigration and removal proceedings.
This Act mandates the government to provide free legal counsel for unaccompanied children (noncitizens) during immigration removal proceedings. The change aims to increase fairness and efficiency in immigration courts by ensuring children have full access to their files and adequate time to prepare their defense. This program is funded by authorized budgetary appropriations for the Office of Refugee Resettlement.
Key points
Unaccompanied children in immigration cases will receive government-funded counsel unless they retain their own attorney.
Removal proceedings cannot proceed until the child or their counsel receives a complete copy of the immigration file (A-file) and has 10 days to review it.
If the government fails to provide counsel, the child can file a motion to reopen their case without typical limitations, which automatically stays (stops) the removal.
Authorities must ensure children have access to counsel inside all detention, holding, and border facilities.
Introduced
Additional Information
Print number: 119_S_1297
Sponsor: Sen. Hirono, Mazie K. [D-HI]
Process start date: 2025-04-03