Sec. 510. Improving 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 thereafter, 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; ; 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 written 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 proceeding conducted under section 235, 236, 238, 240, 241, or any other section of this Act, 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 paragraph (2), 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 to any person financially unable to obtain adequate representation 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— a child (as defined in section 101(b)(1) of this Act); a particularly vulnerable individual, including— a person with a disability; a victim of abuse, torture, or violence; or a pregnant or lactating woman; or the parent of a United States citizen minor. If the Attorney General has consolidated the case of any alien for whom counsel was appointed under subsection
(c)with that of any other alien, and that other alien does not have counsel, then the counsel appointed under subsection
(c)shall be appointed to represent such other alien unless there is a demonstrated conflict of interest. . Not later than 180 days after the date of enactment of this title, the Attorney General shall promulgate regulations to implement section 292(c) of the Immigration and Nationality Act, as added by paragraph (1). Chapter 9 of the Immigration and Nationality Act is amended by adding at the end the following: There is established in the general fund of the Treasury a separate account which shall be known as the Immigration Counsel Account . Notwithstanding any other section of this title, there shall be deposited as offsetting receipts into the Immigration Counsel Account all fees collected under subsection
(c)of this section, to remain available until expended for purposes of providing access to counsel when required or authorized under this Act. At the end of each 2-year period, beginning with the creation of this account, the Secretary of Homeland Security, following a public rulemaking with opportunity for notice and comment, shall submit a report to the Congress concerning the status of the account, including any balances therein, and recommend any adjustment in the prescribed fee that may be required to ensure that the receipts collected from the fee charged for the succeeding two years equal, as closely as possible, the cost of providing access to counsel when required or authorized under this Act. In any case in which a fee is charged pursuant to this Act or any of the other immigration laws, an additional surcharge of $25 shall also be imposed and collected. . The table of contents for such Act is amended by inserting after the item relating to section 294 the following: Sec. 295. Supplementary surcharge. . Section 240(c)(7)(C) of the Immigration and Nationality Act ( 8 U.S.C. 1229a(c)(7)(C) ) is amended by adding at the end the following: If the Attorney General fails to appoint counsel for an alien in violation of section 292(c)— no limitation under this paragraph pertaining to the filing of any motion under this paragraph by such alien shall apply; and the filing of such a motion shall stay the removal of the alien. .
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Sec. 510
Improving court efficiency and reducing costs by increasing access to legal information
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