The Fairness to Freedom Act of 2025 establishes a fundamental right to legal representation at government expense for individuals who are financially unable to obtain counsel and are facing various immigration proceedings. This includes removal, exclusion, deportation, bond, and expedited removal proceedings, as well as related matters before U.S. Citizenship and Immigration Services, state courts, or federal courts. The scope of representation is broad, encompassing diligent and zealous advocacy, interpretation, translation, and other necessary services. The right to counsel attaches early, either upon placement in the custody of the Department of Homeland Security or Health and Human Services, or upon the issuance of a Notice to Appear. Representation is continuous through all stages of proceedings, from initial appearances to federal appeals and the Supreme Court. The bill ensures that proceedings cannot commence until counsel is appointed, and individuals are notified of their right to counsel and deemed eligible if their income is at or below 200 percent of the poverty line. Crucially, individuals and their counsel are guaranteed access to all pertinent government documents, such as their immigration file, within seven days of counsel appointment, with a ten-day review period before proceedings begin. The bill also stipulates strict conditions for waiving the right to counsel, requiring it to be knowing, voluntary, and in the physical presence of appointed counsel. Furthermore, seeking or receiving appointed counsel under this Act cannot be used as a basis for a "public charge" determination. To implement this right, the bill establishes the **Office of Immigration Representation (OIR)** as an independent private nonprofit corporation. The OIR's primary purpose is to ensure high-quality legal representation and related services for all eligible individuals. It operates independently of government agencies like the Department of Justice, Department of Homeland Security, and Department of Health and Human Services. The OIR is governed by a **Board of Directors**, responsible for setting standards for representation, including minimum experience, training, manageable caseloads, and performance reviews. The Board also approves local plans and budgets. A Director, appointed by the Board, manages the OIR's daily operations, allocates funds, and coordinates services. The OIR will delineate administrative regions across the United States and establish **Local Immigration Representation Boards** for each. These Local Boards are tasked with developing and implementing "Local Plans" for providing representation services. These plans consider existing state and local programs and may establish **Immigration Public Defender Organizations**, contract with **Community Defender Organizations**, or create **Panel Attorney** systems. The bill details the structure and compensation for these different types of immigration defenders, ensuring that salaries and hourly rates are comparable to those paid to government attorneys. It also provides for reimbursement of reasonable expenses, including investigators, experts, and interpreters, and outlines procedures for obtaining other necessary services to ensure effective representation. Finally, the Act authorizes appropriations for the OIR and mandates a **minimum funding** level. This minimum is calculated to be not less than the sum of combined appropriations for federal immigration enforcement and prosecution agencies, multiplied by a prosecution-defense ratio. This mechanism aims to ensure that resources for legal defense are proportional to those allocated for immigration enforcement and prosecution.
The Fairness to Freedom Act of 2025 establishes a fundamental right to legal representation at government expense for individuals who are financially unable to obtain counsel and are facing various immigration proceedings. This includes removal, exclusion, deportation, bond, and expedited removal proceedings, as well as related matters before U.S. Citizenship and Immigration Services, state courts, or federal courts. The scope of representation is broad, encompassing diligent and zealous advocacy, interpretation, translation, and other necessary services. The right to counsel attaches early, either upon placement in the custody of the Department of Homeland Security or Health and Human Services, or upon the issuance of a Notice to Appear. Representation is continuous through all stages of proceedings, from initial appearances to federal appeals and the Supreme Court. The bill ensures that proceedings cannot commence until counsel is appointed, and individuals are notified of their right to counsel and deemed eligible if their income is at or below 200 percent of the poverty line. Crucially, individuals and their counsel are guaranteed access to all pertinent government documents, such as their immigration file, within seven days of counsel appointment, with a ten-day review period before proceedings begin. The bill also stipulates strict conditions for waiving the right to counsel, requiring it to be knowing, voluntary, and in the physical presence of appointed counsel. Furthermore, seeking or receiving appointed counsel under this Act cannot be used as a basis for a "public charge" determination. To implement this right, the bill establishes the **Office of Immigration Representation (OIR)** as an independent private nonprofit corporation. The OIR's primary purpose is to ensure high-quality legal representation and related services for all eligible individuals. It operates independently of government agencies like the Department of Justice, Department of Homeland Security, and Department of Health and Human Services. The OIR is governed by a **Board of Directors**, responsible for setting standards for representation, including minimum experience, training, manageable caseloads, and performance reviews. The Board also approves local plans and budgets. A Director, appointed by the Board, manages the OIR's daily operations, allocates funds, and coordinates services. The OIR will delineate administrative regions across the United States and establish **Local Immigration Representation Boards** for each. These Local Boards are tasked with developing and implementing "Local Plans" for providing representation services. These plans consider existing state and local programs and may establish **Immigration Public Defender Organizations**, contract with **Community Defender Organizations**, or create **Panel Attorney** systems. The bill details the structure and compensation for these different types of immigration defenders, ensuring that salaries and hourly rates are comparable to those paid to government attorneys. It also provides for reimbursement of reasonable expenses, including investigators, experts, and interpreters, and outlines procedures for obtaining other necessary services to ensure effective representation. Finally, the Act authorizes appropriations for the OIR and mandates a **minimum funding** level. This minimum is calculated to be not less than the sum of combined appropriations for federal immigration enforcement and prosecution agencies, multiplied by a prosecution-defense ratio. This mechanism aims to ensure that resources for legal defense are proportional to those allocated for immigration enforcement and prosecution.