[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.
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