Sec. 113. Fair day in court for kids
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/bill/116/s/2936/is/section-113·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
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 to aliens in immigration proceedings; at the beginning of the proceedings or as expeditiously as possible, the alien shall automatically receive a complete copy of the alien’s Alien File (commonly known as an A-file ) and Form I–862 (commonly known as a Notice to Appear ) in the possession of the Department of Homeland Security (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) 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 so 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 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 so designated— 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(b), 236, 238, 240, or 241 or any other section of this Act. The Secretary of Homeland Security shall facilitate access to counsel for aliens detained inside immigration detention and border facilities in any proceeding conducted under section 235(b), 236, 238, 240, or 241. . 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 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— a child; 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 for 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 subparagraph (A), in accordance with the requirements set forth in section 3006A of title 18, United States Code. The Secretary shall provide access to counsel for all aliens held or detained in— a facility under the supervision of U.S. Immigration and Customs Enforcement, U.S. Customs and Border Protection, or the Department of Health and Human Services; or any private facility that contracts with the Federal Government to house, detain, or hold aliens. The Secretary, in consultation with the Attorney General, shall establish procedures to ensure that legal orientation programs are available for all aliens detained by the Department to inform such aliens of— the basic procedures of immigration hearings; the rights of aliens relating to such hearings under Federal immigration law; information that may deter such aliens from filing frivolous legal claims; and any other information that the Attorney General considers appropriate, such as a contact list of potential legal resources and providers. Access to legal orientation programs shall not be limited by the alien’s current immigration status, prior immigration history, or potential for immigration relief. The Secretary, in consultation with the Attorney General, shall enter into 1 or more contracts with 1 or more nongovernmental community-based organizations for the provision of the legal orientation programs under this paragraph. The Attorney General shall expand the existing Immigration Court Helpdesk pilot program to all detained and nondetained immigration courts. There is authorized to be appropriated to the Executive Office for Immigration Review of the Department of Justice such sums as may be necessary to carry out this subsection. Not later than December 31 of each year, the Secretary, in consultation with the Attorney General, shall prepare and submit a report to the Committee on the Judiciary of the Senate and the Committee on the Judiciary of the House of Representatives regarding the extent to which aliens described in section 292(c) of the Immigration and Nationality Act, as added by subsection (a)(3)(A), have been provided access to counsel. Each report submitted under paragraph
(1)shall include, for the immediately preceding 1-year period, the number and percentage of aliens described in paragraphs (1), (2), and (3), respectively, of section 292(c) of the Immigration and Nationality Act, as added by subsection (a)(3)(A), who were represented by counsel, including information specifying— the stage of the legal process at which the alien was represented; whether the alien was in government custody; and the number and percentage of aliens who received legal orientation presentations.
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