Sec. 4106. 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 noncitizens in immigration proceedings; at the beginning of the proceedings or as expeditiously as possible thereafter, a noncitizen shall 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, including information with respect to all transactions involving the noncitizen during the immigration process (commonly referred to as an A-file ) and all documents pertaining to the noncitizen that the Department of Homeland Security has obtained or received from other government agencies, unless the noncitizen 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 noncitizen— 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 to read as follows: In any proceeding conducted under section 235, 236, 238, 240, 241, or any other section of this Act, and in any appeal proceedings before the Attorney General from any such proceedings, the noncitizen concerned shall have the privilege of being represented by such counsel authorized to practice in such proceedings, as the noncitizen shall choose. The Attorney General may appoint or provide counsel to a noncitizen 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 noncitizens have access to counsel inside all immigration detention and border facilities. Notwithstanding subsection (b), at the beginning of proceedings or as expeditiously as possible, the Attorney General shall appoint, at the expense of the Government, counsel to represent any noncitizen financially unable to obtain adequate representation in such proceedings, including any noncitizen who has been determined by the Secretary of Homeland Security or the Attorney General to be— a child; a particularly vulnerable individual, including— a person with a disability; a victim of abuse, torture, or violence; and a pregnant or lactating woman; or the parent of a United States citizen minor. If the Attorney General has consolidated the case of any noncitizen for whom counsel was appointed under subsection
(c)with that of any other noncitizen, and such other noncitizen does not have counsel, the counsel appointed under subsection
(c)shall be appointed to represent such other noncitizen unless there is a demonstrated conflict of interest. . Not later than 180 days after the date of enactment of this Act, the Attorney General shall promulgate regulations to implement subsection
(c)of section 292 of the Immigration and Nationality Act, as added by paragraph (1). Chapter 9 of title II of the Immigration and Nationality Act ( 8 U.S.C. 1351 et seq.) is amended by adding at the end the following: There is established in the general fund of the Treasury a separate account to be known as the Immigration Counsel Fund . Notwithstanding any other provision of this Act, there shall be deposited as offsetting receipts into the Immigration Counsel Account all surcharges collected under subsection
(c)for the purpose of providing access to counsel as required or authorized under this Act, to remain available until expended. In any case in which a fee is charged pursuant to the immigration laws, a surcharge of $25 shall be imposed and collected. Not later than 2 years after the date of the enactment of this section, and biennially thereafter, the Secretary of Homeland Security shall submit to Congress a report on the status of the Immigration Counsel Account, including— the balance in the Immigration Counsel Account; and any recommendation with respect to modifications to the surcharge under subsection
(c)necessary to ensure that the receipts collected for the subsequent 2 years equal, as closely as possible, the cost of providing access to counsel as required or authorized under this Act. . The table of contents for the Immigration and Nationality Act ( 8 U.S.C. 1101 et seq.) is amended by inserting after the item relating to section 294 the following: Sec. 295. Immigration Counsel Account. . 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 a noncitizen in violation of section 292(c)— no limitation under this paragraph with respect to the filing of any motion to reopen shall apply to the noncitizen; and the filing of a motion to reopen by the noncitizen shall stay the removal of the noncitizen. .
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Sec. 4106
Improving court efficiency and reducing costs by increasing access to legal information
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