Sec. 2. Improving immigration court efficiency and reducing costs by increasing access to legal information
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Section 240(b) of the Immigration and Nationality Act ( 8 U.S.C. 1229a(b) ) is amended— in paragraph (4)— in subparagraph (A)— by striking , at no expense to the Government, ; and by striking the comma at the end and inserting a semicolon; by redesignating subparagraphs
(B)and
(C)as subparagraphs
(D)and (E), respectively; by inserting after subparagraph
(A)the following: the Attorney General may appoint or provide counsel, at Government expense, to aliens in immigration proceedings; the alien shall, at the beginning of the proceedings or as expeditiously as possible, automatically receive a complete copy of all relevant documents in the possession of the Department of Homeland Security, including all documents (other than documents protected from disclosure by privilege, including national security information referred to in subparagraph (D), law enforcement sensitive information, and 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 all documents pertaining to the alien that the Department of Homeland Security has obtained or received from other government agencies, 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; ; and in subparagraph (D), as redesignated, by striking , and and inserting ; and ; and by adding at the end the following: In the absence of a waiver under paragraph (4)(C), a removal proceeding may not proceed until the alien— has received the documents as required under such paragraph; and has been provided meaningful time to review and assess such documents. . Section 292 of the Immigration and Nationality Act ( 8 U.S.C. 1362 ) is amended— by striking In any and inserting the following: In any ; in subsection (a), as redesignated— by striking (at no expense to the Government) ; and by striking he shall and inserting the person shall ; and by adding at the end the following: The Attorney General may appoint or provide counsel to aliens in any proceeding conducted under section 235, 236, 238, 240, or 241 or 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. . Section 292 of the Immigration and Nationality Act ( 8 U.S.C. 1362 ), as amended by subsection (b), is further amended by adding at the end the following: Notwithstanding subsection (b), the Attorney General shall appoint counsel, at the expense of the Government if necessary, at the beginning of the 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— an unaccompanied alien child (as defined in section 462(g) of the Homeland Security Act on 2002 ( 6 U.S.C. 279(g) )); a particularly vulnerable individual, such as— a person with a disability; or a victim of abuse, torture, or violence; or an individual whose circumstances are such that the appointment of counsel is necessary to help ensure fair resolution and efficient adjudication of the proceedings. 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. . 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.
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Sec. 2
Improving immigration court efficiency and reducing costs by increasing access to legal information
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