Legis Daily

Funding Attorneys for Indigent Removal (FAIR) Proceedings Act

USA116th CongressHR-4155| House 
| Updated: 8/15/2019
A. Donald McEachin

A. Donald McEachin

Democratic Representative

Virginia

Cosponsors (41)
Sylvia R. Garcia (Democratic)Marc A. Veasey (Democratic)Robert C. "Bobby" Scott (Democratic)Joseph P. Kennedy (Democratic)Mark Pocan (Democratic)Karen Bass (Democratic)James R. Langevin (Democratic)Darren Soto (Democratic)J. Luis Correa (Democratic)Madeleine Dean (Democratic)Tony Cárdenas (Democratic)Thomas R. Suozzi (Democratic)Adriano Espaillat (Democratic)Lucille Roybal-Allard (Democratic)André Carson (Democratic)Filemon Vela (Democratic)Jerrold Nadler (Democratic)Anna G. Eshoo (Democratic)Pramila Jayapal (Democratic)Eleanor Holmes Norton (Democratic)Bonnie Watson Coleman (Democratic)Jamie Raskin (Democratic)Elijah E. Cummings (Democratic)Diana DeGette (Democratic)Janice D. Schakowsky (Democratic)James P. McGovern (Democratic)Alexandria Ocasio-Cortez (Democratic)Adam Smith (Democratic)Julia Brownley (Democratic)Earl Blumenauer (Democratic)Suzanne Bonamici (Democratic)Zoe Lofgren (Democratic)Jesús G. "Chuy" García (Democratic)Frank Pallone (Democratic)Grace Meng (Democratic)Rashida Tlaib (Democratic)Ayanna Pressley (Democratic)Alcee L. Hastings (Democratic)Debbie Wasserman Schultz (Democratic)Grace F. Napolitano (Democratic)Judy Chu (Democratic)

Judiciary Committee, Immigration Integrity, Security, and Enforcement Subcommittee

  • Introduced
  • In Committee
  • On Floor
  • Passed Chamber
  • Enacted
Funding Attorneys for Indigent Removal (FAIR) Proceedings Act This bill expands access to counsel for aliens in immigration proceedings and provides for protections related to such proceedings. An alien 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 aliens in any immigration proceeding, whereas currently DOJ is statutorily authorized to provide counsel to aliens only in 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 alien's removal shall be stayed upon the motion's filing. The bill establishes the Immigration Counsel Account and a surcharge on various immigration fees. The surcharge shall be deposited into the account to be used to provide counsel under this bill. The Department of Homeland Security (DHS) shall provide each alien, generally at the beginning of proceedings, a complete copy of the alien's case file in DHS possession, unless the alien waives this right in writing. Failure to provide such documents shall delay the alien's removal proceeding. DHS shall facilitate for all detained aliens access to counsel and programs that inform such aliens of their immigration-related rights and obligations.
View Full Text

Suggested Questions

Get AI-generated questions to help you understand this bill better

Timeline
Aug 2, 2019
Introduced in House
Aug 2, 2019
Referred to the House Committee on the Judiciary.
Aug 15, 2019
Referred to the Subcommittee on Immigration and Citizenship.
  • August 2, 2019
    Introduced in House


  • August 2, 2019
    Referred to the House Committee on the Judiciary.


  • August 15, 2019
    Referred to the Subcommittee on Immigration and Citizenship.

Immigration

Related Bills

  • S 116-2389: FAIR Proceedings Act
Administrative law and regulatory proceduresBorder security and unlawful immigrationChild safety and welfareCongressional oversightCrime victimsDepartment of Homeland SecurityDetention of personsDisability and paralysisGovernment information and archivesGovernment trust fundsImmigration status and proceduresJudicial procedure and administrationLawyers and legal servicesUser charges and fees

Funding Attorneys for Indigent Removal (FAIR) Proceedings Act

USA116th CongressHR-4155| House 
| Updated: 8/15/2019
Funding Attorneys for Indigent Removal (FAIR) Proceedings Act This bill expands access to counsel for aliens in immigration proceedings and provides for protections related to such proceedings. An alien 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 aliens in any immigration proceeding, whereas currently DOJ is statutorily authorized to provide counsel to aliens only in 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 alien's removal shall be stayed upon the motion's filing. The bill establishes the Immigration Counsel Account and a surcharge on various immigration fees. The surcharge shall be deposited into the account to be used to provide counsel under this bill. The Department of Homeland Security (DHS) shall provide each alien, generally at the beginning of proceedings, a complete copy of the alien's case file in DHS possession, unless the alien waives this right in writing. Failure to provide such documents shall delay the alien's removal proceeding. DHS shall facilitate for all detained aliens access to counsel and programs that inform such aliens of their immigration-related rights and obligations.
View Full Text

Suggested Questions

Get AI-generated questions to help you understand this bill better

Timeline
Aug 2, 2019
Introduced in House
Aug 2, 2019
Referred to the House Committee on the Judiciary.
Aug 15, 2019
Referred to the Subcommittee on Immigration and Citizenship.
  • August 2, 2019
    Introduced in House


  • August 2, 2019
    Referred to the House Committee on the Judiciary.


  • August 15, 2019
    Referred to the Subcommittee on Immigration and Citizenship.
A. Donald McEachin

A. Donald McEachin

Democratic Representative

Virginia

Cosponsors (41)
Sylvia R. Garcia (Democratic)Marc A. Veasey (Democratic)Robert C. "Bobby" Scott (Democratic)Joseph P. Kennedy (Democratic)Mark Pocan (Democratic)Karen Bass (Democratic)James R. Langevin (Democratic)Darren Soto (Democratic)J. Luis Correa (Democratic)Madeleine Dean (Democratic)Tony Cárdenas (Democratic)Thomas R. Suozzi (Democratic)Adriano Espaillat (Democratic)Lucille Roybal-Allard (Democratic)André Carson (Democratic)Filemon Vela (Democratic)Jerrold Nadler (Democratic)Anna G. Eshoo (Democratic)Pramila Jayapal (Democratic)Eleanor Holmes Norton (Democratic)Bonnie Watson Coleman (Democratic)Jamie Raskin (Democratic)Elijah E. Cummings (Democratic)Diana DeGette (Democratic)Janice D. Schakowsky (Democratic)James P. McGovern (Democratic)Alexandria Ocasio-Cortez (Democratic)Adam Smith (Democratic)Julia Brownley (Democratic)Earl Blumenauer (Democratic)Suzanne Bonamici (Democratic)Zoe Lofgren (Democratic)Jesús G. "Chuy" García (Democratic)Frank Pallone (Democratic)Grace Meng (Democratic)Rashida Tlaib (Democratic)Ayanna Pressley (Democratic)Alcee L. Hastings (Democratic)Debbie Wasserman Schultz (Democratic)Grace F. Napolitano (Democratic)Judy Chu (Democratic)

Judiciary Committee, Immigration Integrity, Security, and Enforcement Subcommittee

Immigration

Related Bills

  • S 116-2389: FAIR Proceedings Act
  • Introduced
  • In Committee
  • On Floor
  • Passed Chamber
  • Enacted
Administrative law and regulatory proceduresBorder security and unlawful immigrationChild safety and welfareCongressional oversightCrime victimsDepartment of Homeland SecurityDetention of personsDisability and paralysisGovernment information and archivesGovernment trust fundsImmigration status and proceduresJudicial procedure and administrationLawyers and legal servicesUser charges and fees