[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[S. 2389 Introduced in Senate (IS)]
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116th CONGRESS
1st Session
S. 2389
To provide access to counsel for children and other vulnerable
populations.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
July 31, 2019
Mr. Schumer (for Mrs. Gillibrand (for herself, Mr. Blumenthal, and Mr.
Booker)) introduced the following bill; which was read twice and
referred to the Committee on the Judiciary
_______________________________________________________________________
A BILL
To provide access to counsel for children and other vulnerable
populations.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLES.
This Act may be cited as the ``Funding Attorneys for Indigent
Removal Proceedings Act'' or the ``FAIR Proceedings Act''.
SEC. 2. IMPROVING IMMIGRATION COURT EFFICIENCY AND REDUCING COSTS BY
INCREASING ACCESS TO LEGAL INFORMATION.
(a) Appointment of Counsel in Certain Cases; Right To Review
Certain Documents in Removal Proceedings.--Section 240(b) of the
Immigration and Nationality Act (8 U.S.C. 1229a(b)) is amended--
(1) in paragraph (4)--
(A) in subparagraph (A)--
(i) by striking ``, at no expense to the
Government,''; and
(ii) by striking the comma at the end and
inserting a semicolon;
(B) by redesignating subparagraphs (B) and (C) as
subparagraphs (D) and (E), respectively;
(C) by inserting after subparagraph (A) the
following:
``(B) the Attorney General may appoint or provide
counsel, at Government expense, to the alien;
``(C) the alien, at the beginning of such
proceedings or as expeditiously as possible, shall
automatically receive a complete copy of all relevant
documents in the possession of the Department of
Homeland Security (unless the alien waives the right to
receive such documents by executing a knowing and
voluntary written waiver in a language that he or she
understands fluently), including--
``(i) all documents (other than documents
protected from disclosure by privilege and
documents containing national security
information referred to in subparagraph (D),
law enforcement sensitive information, or
information prohibited from disclosure pursuant
to any other provision of law) contained in the
file maintained by the Government that includes
information with respect to all transactions
involving the alien during the immigration
process (commonly referred to as an `A-file');
and
``(ii) all documents pertaining to the
alien that the Department of Homeland Security
has obtained or received from other government
agencies;''; and
(D) in subparagraph (D), as redesignated, by
striking ``, and'' and inserting ``; and''; and
(2) by adding at the end the following:
``(8) Failure to provide alien required documents.--In the
absence of a waiver under paragraph (4)(C), a removal
proceeding may not proceed until the alien--
``(A) has received the documents required under
such paragraph; and
``(B) has been provided meaningful time to review
and assess such documents.''.
(b) Clarification Regarding the Authority of the Attorney General
To Appoint Counsel to Aliens in Immigration Proceedings.--Section 292
of the Immigration and Nationality Act (8 U.S.C. 1362) is amended--
(1) by striking ``In any'' and inserting the following:
``(a) In General.--In any proceeding conducted under section 235,
236, 238, 240, or 241, or under any other section of this Act,
including'';
(2) in subsection (a), as redesignated--
(A) by striking ``(at no expense to the
Government)''; and
(B) by striking ``he shall'' and inserting ``the
person shall''; and
(3) by adding at the end the following:
``(b) Access to Counsel.--The Attorney General may appoint or
provide counsel to aliens in any proceeding conducted under section
235, 236, 238, 240, or 241, or under any other section of this Act. The
Secretary of Homeland Security shall ensure that aliens have access to
counsel inside all immigration detention and border facilities.''.
(c) Appointment of Counsel for Children and Vulnerable Aliens.--
(1) In general.--Section 292 of the Immigration and
Nationality Act, as amended by subsection (b), is further
amended by adding at the end the following:
``(c) Children and Vulnerable Aliens.--Notwithstanding subsection
(b), the Attorney General shall appoint or provide counsel, at the
expense of the Government, if necessary, at the beginning of
immigration proceedings, or as expeditiously as possible, to represent
in such proceedings any alien who has been determined by the Secretary
of Homeland Security or the Attorney General to be--
``(1) a child;
``(2) a person with a disability;
``(3) a victim of abuse, torture, or violence;
``(4) an individual whose income is at or below 200 percent
of the poverty line (as defined by the Office of Management and
Budget and revised annually in accordance with section 673(2)
of the Community Services Block Grant Act (42 U.S.C. 9902(2)))
applicable to a family of the size involved; or
``(5) an individual whose circumstances require the
appointment of counsel to help ensure the fair resolution and
efficient adjudication of the proceedings.
``(d) Extension to Consolidated Cases.--If the Attorney General has
consolidated the case of an alien for whom counsel was appointed under
subsection (c) with the case of another alien who does not have
counsel, the counsel appointed under subsection (c) shall be appointed
to represent such other alien.
``(e) Authorization of Appropriations.--In addition to amounts
available in the Immigration Counsel Account under section 295, there
is authorized to be appropriated to the Executive Office of Immigration
Review of the Department of Justice, such sums as may be necessary to
carry out this section.''.
(2) Rulemaking.--The Attorney General shall promulgate
regulations to implement section 292(c) of the Immigration and
Nationality Act, as added by paragraph (1), in accordance with
the requirements set forth in section 3006A of title 18, United
States Code.
SEC. 3. ACCESS BY COUNSEL AND LEGAL ORIENTATION AT DETENTION
FACILITIES.
(a) Access to Counsel.--The Secretary of Homeland Security shall
facilitate access to counsel for all aliens detained in facilities
under the supervision of U.S. Immigration and Customs Enforcement or of
U.S. Customs and Border Protection, including providing information to
such aliens regarding legal services programs at detention facilities.
(b) Access to Legal Orientation Programs.--
(1) Procedures.--The Secretary of Homeland Security, in
consultation with the Attorney General, shall establish
procedures--
(A) to ensure that legal orientation programs are
available for all detained aliens, including aliens
held in U.S. Customs and Border Protection facilities;
and
(B) to inform such aliens of--
(i) the basic procedures of immigration
hearings;
(ii) their rights relating to such hearings
under Federal immigration laws;
(iii) information that may deter such
aliens from filing frivolous legal claims; and
(iv) any other information that the
Attorney General considers appropriate, such as
a contact list of potential legal resources and
providers.
(2) Universal availability.--Access to legal orientation
programs under paragraph (1) may not be limited by the alien's
current immigration status, prior immigration history, or
potential for immigration relief.
SEC. 4. REPORT ON ACCESS TO COUNSEL.
(a) Report.--Not later than December 31 of each year, the Secretary
of Homeland Security, in consultation with the Attorney General, shall
submit a report to the Committee on the Judiciary of the Senate and the
Committee on the Judiciary of the House of Representatives regarding
the extent to which aliens described in section 292(c) of the
Immigration and Nationality Act, as added by section 2(c)(1), have been
provided access to counsel.
(b) Contents.--Each report submitted under subsection (a) shall
include, for the immediately preceding 1-year period--
(1) the number and percentage of aliens described in
paragraphs (1), (2), (3), and (4), respectively, of section
292(c) of the Immigration and Nationality Act who were
represented by counsel, including information specifying--
(A) the stage of the legal process at which the
alien was represented; and
(B) whether the alien was in government custody;
and
(2) the number and percentage of aliens who received legal
orientation presentations.
SEC. 5. MOTIONS TO REOPEN.
Section 240(c)(7)(C) of the Immigration and Nationality Act (8
U.S.C. 1229a(c)(7)(C)) is amended by adding at the end the following:
``(v) Special rule for aliens entitled to
appointment of counsel.--If the Attorney
General fails to appoint counsel for an alien
in violation of section 292(c)--
``(I) no limitation under this
paragraph pertaining to the filing of
any motion under this paragraph by such
alien shall apply; and
``(II) the filing of such a motion
shall stay the removal of the alien.''.
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