HR3127-119

What This Bill Does

The Fairness to Freedom Act is a full legal-representation framework for immigration proceedings. It rewrites INA section 292 so financially unable individuals in removal, exclusion, deportation, bond, expedited-removal, parole-related, USCIS, state-court, and federal-court matters related to immigration status are entitled to government-funded counsel. Representation includes interpretation and translation services and other support needed for effective defense. For detained people, counsel must be appointed as soon as possible and no later than 24 hours after custody begins, and the right attaches when DHS or HHS custody begins or a Notice to Appear or similar charging document is issued. Proceedings generally may not start until counsel is appointed, and if they start without counsel they must pause. DHS and HHS must give the person and counsel the A-file and other records, and proceedings cannot begin until 10 days after counsel receives required documents unless waived. Access-to-counsel rules apply in CBP, ICE, ORR, and criminal-custody settings, with evidence-exclusion and termination consequences if counsel is not provided. The bill then creates an independent nonprofit Office of Immigration Representation in the District of Columbia with a board, director, local immigration representation boards, immigration public defenders, local panels, public-interest organizations, appointed counsel compensation, support services, an advisory board, employees treated as federal employees for specified purposes, and such sums as necessary plus minimum funding so the program does not remain symbolic.

Who Benefits and How

Financially unable immigrants in removal and related proceedings benefit from appointed counsel at government expense across administrative and judicial stages. Detained immigrants benefit from a 24-hour appointment deadline, private access to counsel, document access, and protections against proceedings beginning without representation. Unaccompanied children and people in ORR custody benefit because the right attaches when HHS custody begins and support services are included. Immigration public defenders and nonprofit legal organizations benefit from a funded national representation infrastructure. Immigration courts benefit if represented respondents reduce procedural confusion and improve record development.

Who Bears the Burden and How

The Office of Immigration Representation must build a national independent representation system, appoint counsel, oversee local boards, and pay defenders and panel attorneys. DHS components including CBP and ICE must provide access to counsel, documents, A-files, and confidential communication before proceedings continue. HHS Office of Refugee Resettlement staff must coordinate counsel access for children and other people in custody. Immigration judges and adjudicatory officials must pause proceedings, give notices, evaluate waivers, and respect counsel-appointment rules. Federal taxpayers bear the cost of such sums as necessary and minimum funding for a nationwide immigration defender system.

Key Provisions

• Amends INA section 292 to guarantee government-funded counsel for financially unable individuals in removal, bond, expedited-removal, parole-related, USCIS, state-court, and federal-court immigration matters.
• Requires counsel appointment for detained people as soon as possible and no later than 24 hours after custody begins.
• Requires DHS and HHS to provide A-files, records, confidential counsel access, interpretation, translation, and other support services.
• Establishes an independent Office of Immigration Representation with a board, director, local immigration representation boards, defenders, panels, advisory board, and compensation rules.
• Authorizes such sums as necessary and minimum funding for the Office of Immigration Representation.