# Plain Language Summary: The FAIR Proceedings Act

This bill would guarantee that certain people facing immigration removal proceedings get free lawyers paid for by the government. Right now, immigration law is unique—unlike criminal cases where the government provides lawyers to people who can't afford them, immigrants in removal proceedings have to find and pay for their own attorneys. This bill changes that for vulnerable groups: all children, people with disabilities, victims of abuse or torture, anyone living in poverty (at or below 200% of the poverty line), and anyone else whose case is so complicated that a lawyer is necessary for a fair hearing.

The bill also requires the government to give immigrants copies of all their case files at the start of proceedings so they can see what evidence is being used against them. Immigration courts currently can't move forward with a case until the person has received these documents and had time to review them. Additionally, the bill mandates that detention facilities provide access to lawyers and offer legal orientation programs to help detained immigrants understand their rights and the immigration court process.

To pay for this, the bill creates a dedicated "Immigration Counsel Account" funded by taking $10 from each immigration application fee. The government would also have to report annually to Congress on how many vulnerable immigrants actually received lawyers and legal help. If the government fails to provide a lawyer to someone who qualifies, that person can file a motion to reopen their case without the usual time limits, and their removal would be paused while the motion is considered. Essentially, this bill aims to level the playing field by ensuring that vulnerable immigrants have legal representation during removal proceedings, similar to protections that exist in the criminal justice system.

Funding Attorneys for Indigent Removal (FAIR) Proceedings Act

McEachin, A. Donald

Funding Attorneys for Indigent Removal (FAIR) Proceedings Act This bill expands access to counsel for non-U.S. nationals (aliens under federal law) in immigration proceedings and provides protections related to such proceedings. Such an individual shall have the privilege of being represented by counsel in any immigration proceeding, whereas currently this privilege is statutorily provided for only in removal proceedings. Similarly, the Department of Justice (DOJ) may provide counsel at government expense to individuals in any immigration proceeding, whereas currently DOJ is statutorily authorized to provide counsel only for removal proceedings and at no expense to the government. Under this bill, DOJ shall provide counsel to children and vulnerable individuals in such proceedings, at government expense if necessary. If DOJ fails to do so, certain limits on filing a motion to reopen removal proceedings (such as the time limit for filing) shall not apply, and the individual's removal shall be stayed upon the motion's filing. The bill establishes the Immigration Counsel Account to be used to provide counsel under this bill. A portion of certain immigration fees shall be deposited into the account. The Department of Homeland Security (DHS) shall provide each individual, generally at the beginning of proceedings, a&nbsp;complete copy of the individual's case file in DHS possession,&nbsp;unless the individual waives this right in writing. Failure to provide such documents shall delay the individual's removal proceeding. DHS shall facilitate for all detained individuals access to counsel and programs that inform such individuals of their immigration-related rights and obligations.