The "Fair Day in Court for Kids Act of 2025" seeks to significantly improve the fairness and efficiency of immigration proceedings by mandating the provision of legal counsel for unaccompanied children . It requires the Secretary of Health and Human Services to appoint or provide counsel, at government expense, for these children in removal proceedings, appeals, and related matters before the Department of Homeland Security or State courts. This representation must commence as expeditiously as possible, either upon issuance of a Notice to Appear or placement in federal custody, and continue through the termination of all proceedings, regardless of the child's age or reunification status. Beyond providing counsel, the bill amends the Immigration and Nationality Act to ensure that noncitizens, or their counsel, receive a complete copy of their immigration file (commonly known as an "A-file") within seven days of receiving a notice to appear. Removal proceedings cannot advance until these documents are provided and at least 10 days are given for review, unless waived. Furthermore, the Secretary of Homeland Security is directed to ensure that unaccompanied children have access to counsel within all detention, holding, and border facilities under federal or contracted supervision. The legislation also tasks the Secretary of Health and Human Services with developing model guidelines for the legal representation of unaccompanied children and establishing infrastructure for identifying, recruiting, training, and overseeing pro bono counsel. An annual report will be submitted to Congress detailing the extent of counsel provided, including representation rates, stages of representation, and demographics of the children served. A critical provision states that if the Secretary of Health and Human Services fails to appoint counsel for an unaccompanied child, limitations on filing motions to reopen are waived, and such motions will automatically stay the child's removal.
Read twice and referred to the Committee on the Judiciary.
Immigration
Fair Day in Court for Kids Act of 2025
USA119th CongressS-1297| Senate
| Updated: 4/3/2025
The "Fair Day in Court for Kids Act of 2025" seeks to significantly improve the fairness and efficiency of immigration proceedings by mandating the provision of legal counsel for unaccompanied children . It requires the Secretary of Health and Human Services to appoint or provide counsel, at government expense, for these children in removal proceedings, appeals, and related matters before the Department of Homeland Security or State courts. This representation must commence as expeditiously as possible, either upon issuance of a Notice to Appear or placement in federal custody, and continue through the termination of all proceedings, regardless of the child's age or reunification status. Beyond providing counsel, the bill amends the Immigration and Nationality Act to ensure that noncitizens, or their counsel, receive a complete copy of their immigration file (commonly known as an "A-file") within seven days of receiving a notice to appear. Removal proceedings cannot advance until these documents are provided and at least 10 days are given for review, unless waived. Furthermore, the Secretary of Homeland Security is directed to ensure that unaccompanied children have access to counsel within all detention, holding, and border facilities under federal or contracted supervision. The legislation also tasks the Secretary of Health and Human Services with developing model guidelines for the legal representation of unaccompanied children and establishing infrastructure for identifying, recruiting, training, and overseeing pro bono counsel. An annual report will be submitted to Congress detailing the extent of counsel provided, including representation rates, stages of representation, and demographics of the children served. A critical provision states that if the Secretary of Health and Human Services fails to appoint counsel for an unaccompanied child, limitations on filing motions to reopen are waived, and such motions will automatically stay the child's removal.