Sec. 1203. Fair day in court for kids
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/bill/117/hr/9685/ih/section-1203·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 the matter preceding subparagraph (A), by inserting , or in the case of an unaccompanied alien child (as defined in section 462(g)(2) of the Homeland Security Act of 2002 ( after 6 U.S.C. 279(g)(2) )), under regulations of the Secretary of Health and Human Services Attorney General ; 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, or in the case of an unaccompanied alien child, the Secretary of Health and Human Services, may appoint or provide counsel, at Government expense, to the alien; the alien, at the beginning of such proceedings or as expeditiously as possible, shall automatically receive a complete copy of all relevant documents in the possession of the Department of Homeland Security (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), including— all documents (other than documents protected from disclosure by privilege and documents containing national security information referred to in subparagraph (D), law enforcement sensitive information, or 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; ; 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 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, or 241, or under any other section of this Act, including ; 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 under any other section of this Act. The Secretary of Health and Human Services may appoint or provide counsel to unaccompanied alien children (as defined in section 462(g)(2) of the Homeland Security Act of 2002 ( 6 U.S.C. 279(g)(2) )) in any applicable proceeding conducted pursuant to any 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, as amended by subsection (b), is further amended by adding at the end the following: Notwithstanding subsection (b), the Secretary of Health and Human Services shall appoint or provide counsel at Government expense, if necessary, at the beginning of immigration proceedings, or as expeditiously as possible, to represent in such proceedings unaccompanied alien children. Notwithstanding subsection (b), the Attorney General shall appoint or provide counsel at Government expense, if necessary, at the beginning of immigration 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 who is not an unaccompanied alien child; a person with a disability; a victim of abuse, torture, or violence; an individual whose income is at or below 200 percent of the poverty line (as defined by the Office of Management and Budget and revised annually in accordance with section 673(2) of the Community Services Block Grant Act ( 42 U.S.C. 9902(2) )) applicable to a family of the size involved; or an individual whose circumstances require the appointment of counsel to help ensure the fair resolution and efficient adjudication of the proceedings. If the Attorney General has consolidated the case of an alien for whom counsel was appointed under subsection
(c)or
(d)with the case of another alien who does not have counsel, the counsel appointed under subsection
(c)or (d), as applicable, shall be appointed to represent such other alien. There is authorized to be appropriated to the Office of Refugee Resettlement of the Department of Health and Human Services and to the Executive Office for Immigration Review of the Department of Justice, such sums as may be necessary to carry out this section. . The Secretary of Health and Human Services 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 Attorney General shall promulgate regulations to implement section 292(d) 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 of Homeland Security shall facilitate access to counsel for all aliens detained in facilities under the supervision of U.S. Immigration and Customs Enforcement or of U.S. Customs and Border Protection, including providing information to such aliens regarding legal services programs at detention facilities. The Secretary of Homeland Security, in consultation with the Attorney General, shall establish procedures— to ensure that legal orientation programs are available for all detained aliens, including aliens held in U.S. Customs and Border Protection facilities; and to inform such aliens of— the basic procedures of immigration hearings; their rights relating to such hearings under Federal immigration laws; 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 under subparagraph
(A)may not be limited by the alien’s current immigration status, prior immigration history, or potential for immigration relief. Not later than December 31 each year, the Secretary of Homeland Security, in consultation with the Attorney General and the Secretary of Health and Human Services, shall 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 subsections
(c)and
(d)of section 292 of the Immigration and Nationality Act, as added by subsection (a)(3)(A), have been provided access to counsel. Each report submitted pursuant to paragraph
(1)shall include, for the immediately preceding 1-year period— the number and percentage of aliens described in section 292(c) of the Immigration and Nationality Act and in paragraphs (1), (2), (3), and (4), respectively, of section 292(d) of such Act who were represented by counsel, including information specifying— the stage of the legal process at which the alien was represented; and whether the alien was in government custody; and the number and percentage of aliens who received legal orientation presentations. 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 Secretary of Health and Human Services or the Attorney General fail to appoint counsel for an alien in accordance with subsection
(c)or
(d)of section 292, as applicable— 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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