Fairness to Freedom Act of 2026

The "Fairness to Freedom Act of 2026" establishes a fundamental right to legal counsel, at government expense, for individuals facing various immigration proceedings who are financially unable to secure representation. This right applies to removal, exclusion, deportation, bond, and expedited removal proceedings, as well as related matters before U.S. Citizenship and Immigration Services (USCIS), state, or federal courts. Representation must be continuous, from the earliest stages of custody or notice, through all administrative and judicial appeals, and includes necessary interpretation and translation services. The bill mandates that proceedings cannot commence until counsel is appointed, and individuals must be informed of their right to government-funded representation if they meet financial eligibility criteria (income up to 200% of the poverty line). Counsel must act with diligence and zeal, presenting the fullest possible defense. Furthermore, individuals and their counsel are entitled to receive all pertinent government documents, such as the immigration file (A-file), within seven days, with a ten-day review period before proceedings can begin. To implement this right, the Act establishes an independent, nonprofit corporation called the Office of Immigration Representation . This Office is governed by a 24-member Board of Directors, composed of individuals with significant experience in removal defense and a commitment to indigent defense, appointed by federal chief judges and an advisory board. The Board is responsible for setting standards for high-quality representation, including attorney qualifications, training, manageable caseloads, and performance reviews. The Office's Director, appointed by the Board, oversees its operations and the allocation of funds. The Act also mandates the creation of Local Immigration Representation Boards across administrative regions. These Local Boards develop and implement "Local Plans" for providing legal services, which may include establishing Immigration Public Defender Organizations , contracting with existing Community Defender Organizations , or setting up a Panel Attorney system of private lawyers. Local Plans must ensure timely counsel appointment, especially in border regions, and consider existing state or local programs. Compensation for appointed counsel is set to be comparable to that of government attorneys, such as those in the Office of the Principal Legal Advisor of U.S. Immigration and Customs Enforcement or federal prosecutors. The bill also allows for funding of services beyond direct legal counsel, including investigators, experts, mental health support, and housing assistance, to ensure effective representation. A crucial provision of the Act is the authorization of appropriations to fund the Office. It establishes a minimum funding requirement , stipulating that the Office's annual appropriation must be at least the sum of federal immigration enforcement and prosecution agencies' budgets (ICE, CBP, DOJ Office of Immigration Litigation) multiplied by a "prosecution-defense" ratio. This mechanism aims to ensure that resources for defense counsel are commensurate with those allocated for immigration enforcement and prosecution. Finally, seeking or receiving appointed counsel under this Act cannot be used as a basis for a "public charge" determination.