[Congressional Record Volume 162, Number 25 (Thursday, February 11, 2016)]
[Senate]
[Pages S876-S877]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. REID (for himself, Mr. Durbin, Mrs. Murray, Mr. Leahy, Mr. 
        Menendez, Ms. Hirono, Mr. Franken, Mr. Udall, and Mr. Brown):
  S. 2540. A bill to provide access to counsel for unaccompanied 
children and other vulnerable populations; to the Committee on the 
Judiciary.
  Mr. REID. Mr. President, I ask unanimous consent that the text of the 
bill be printed in the Record.
  There being no objection, the text of the bill was ordered to be 
printed in the Record, as follows:

                                S. 2540

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled,

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Fair Day in Court for Kids 
     Act of 2016''.

     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 aliens in immigration proceedings;
       ``(C) the alien shall, at the beginning of the proceedings 
     or as expeditiously as possible, automatically receive a 
     complete copy of all relevant documents in the possession of 
     the Department of Homeland Security, including all documents 
     (other than documents protected from disclosure by privilege, 
     including national security information referred to in 
     subparagraph (D), law enforcement sensitive information, and 
     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 all 
     documents pertaining to the alien that the Department of 
     Homeland Security has obtained or received from other 
     government agencies, 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;''; 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 as 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'';
       (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 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 Unaccompanied Alien Children 
     and Vulnerable Aliens.--
       (1) In general.--Section 292 of the Immigration and 
     Nationality Act (8 U.S.C. 1362), as amended by subsection 
     (b), is further amended by adding at the end the following:
       ``(c) Unaccompanied Alien Children and Vulnerable Aliens.--
     Notwithstanding subsection (b), the Attorney General shall 
     appoint counsel, at the expense of the Government if 
     necessary, at the beginning of the 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) an unaccompanied alien child (as defined in section 
     462(g) of the Homeland Security Act on 2002 (6 U.S.C. 
     279(g)));
       ``(2) a particularly vulnerable individual, such as--
       ``(A) a person with a disability; or
       ``(B) a victim of abuse, torture, or violence; or

[[Page S877]]

       ``(3) an individual whose circumstances are such that the 
     appointment of counsel is necessary to help ensure fair 
     resolution and efficient adjudication of the proceedings.
       ``(d) Authorization of Appropriations.--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 aliens in detention about 
     legal services programs at detention facilities.
       (b) Access to Legal Orientation Programs.--The Secretary of 
     Homeland Security, in consultation with the Attorney General, 
     shall establish procedures to ensure that legal orientation 
     programs are available for all detained aliens, including 
     aliens held in U.S. Customs and Border Protection facilities, 
     to inform such aliens of the basic procedures of immigration 
     hearings, their rights relating to those hearings under 
     Federal immigration laws, information that may deter such 
     aliens from filing frivolous legal claims, and any other 
     information that the Attorney General considers appropriate, 
     such as a contact list of potential legal resources and 
     providers. Access to legal orientation programs shall not be 
     limited by the alien's current immigration status, prior 
     immigration history, or potential for immigration relief.
       (c) Pilot Project for Nondetained Aliens in Removal 
     Proceedings.--The Attorney General shall develop and 
     administer a 2-year pilot program at not fewer than 2 
     immigration courts to provide nondetained aliens with pending 
     asylum claims access to legal information. At the conclusion 
     of the pilot program, 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 that describes the extent to which 
     nondetained aliens are provided with access to counsel.
       (d) Authorization of Appropriations.--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.

     SEC. 4. CASE MANAGEMENT PILOT PROGRAM TO INCREASE COURT 
                   APPEARANCE RATES.

       (a) Contract Authority.--The Secretary of Homeland Security 
     shall establish a pilot program to increase the court 
     appearance rates of aliens described in paragraphs (2) and 
     (3) of section 292(c) of the Immigration and Nationality Act, 
     as added by section 2(c)(1), by contracting with 
     nongovernmental, community-based organizations to provide 
     appropriate case management services to such aliens.
       (b) Scope of Services.--Case management services provided 
     under subsection (a) shall include assisting aliens with--
       (1) accessing legal counsel;
       (2) complying with court-imposed deadlines and other legal 
     obligations;
       (3) procuring appropriate housing;
       (4) enrolling their minor children in school; and
       (5) acquiring health services, including, if needed, mental 
     health services.
       (c) Authorization of Appropriations.--There is authorized 
     to be appropriated to the Department of Homeland Security 
     such sums as may be necessary to carry out this section.

     SEC. 5. 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 prepare and 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 paragraph (a) 
     shall include, for the immediately preceding 1-year period--
       (1) the number and percentage of aliens described in 
     paragraphs (1), (2), and (3), respectively, of section 292(c) 
     of the Immigration and Nationality Act, as added by section 
     2(c)(1), 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.
                                 ______