[Congressional Record Volume 164, Number 29 (Wednesday, February 14, 2018)]
[Senate]
[Pages S1108-S1109]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
SA 1990. Ms. HIRONO submitted an amendment intended to be proposed by
her to the bill H.R. 2579, to amend the Internal Revenue Code of 1986
to allow the premium tax credit with respect to unsubsidized COBRA
continuation coverage; which was ordered to lie on the table; as
follows:
At the appropriate place, insert the following:
TITLE __--FAIR DAY IN COURT FOR KIDS
SEC. ____. SHORT TITLE.
This title may be cited as the ``Fair Day in Court for Kids
Act of 2018''.
SEC. ____. IMPROVING IMMIGRATION COURT EFFICIENCY AND
REDUCING COSTS BY INCREASING ACCESS TO LEGAL
INFORMATION.
(a) Appointment of Counsel in Removal Proceedings; Right To
Review Certain
[[Page S1109]]
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, or the alien's counsel, not later than 7
days after receiving a notice to appear under section 239(a),
shall receive a complete copy of the alien's immigration file
(commonly known as an `A-file') in the possession of the
Department of Homeland Security (other than documents
protected from disclosure under section 552(b) of title 5,
United States Code);''; 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.--A
removal proceeding may not proceed until the alien, or the
alien's counsel, if the alien is represented--
``(A) has received the documents required under paragraph
(4)(C); and
``(B) has been provided at least 10 days to review and
assess such documents.''.
(b) Clarification Regarding the Authority of the Attorney
General To Appoint Counsel to Aliens in Immigration
Proceedings.--
(1) In general.--Section 292 of the Immigration and
Nationality Act (8 U.S.C. 1362) is amended to read as
follows:
``SEC. 292. RIGHT TO COUNSEL.
``(a) In General.--Except as provided in subsections (b)
and (c), in any removal proceeding and in any appeal
proceeding before the Attorney General from any such removal
proceeding, the subject of the proceeding shall have the
privilege of being represented by such counsel as may be
authorized to practice in such proceeding as he or she may
choose. This subsection shall not apply to screening
proceedings described in section 235(b)(1)(A).
``(b) Access to Counsel for Unaccompanied Alien Children.--
``(1) In general.--In any removal proceeding and in any
appeal proceeding before the Attorney General from any such
removal proceeding, an unaccompanied alien child (as defined
in section 462(g) of the Homeland Security Act on 2002 (6
U.S.C. 279(g))) shall be represented by Government-appointed
counsel, at Government expense.
``(2) Length of representation.--Once a child is designated
as an unaccompanied alien child under paragraph (1), the
child shall be represented by counsel at every stage of the
proceedings from the child's initial appearance through the
termination of immigration proceedings, and any ancillary
matters appropriate to such proceedings even if the child
attains 18 years of age or is reunified with a parent or
legal guardian while the proceedings are pending.
``(3) Notice.--Not later than 72 hours after an
unaccompanied alien child is taken into Federal custody, the
alien shall be notified that he or she will be provided with
legal counsel in accordance with this subsection.
``(4) Within detention facilities.--The Secretary of
Homeland Security shall ensure that unaccompanied alien
children have access to counsel inside all detention,
holding, and border facilities.
``(c) Pro Bono Representation.--
``(1) In general.--To the maximum extent practicable, the
Attorney General should make every effort to utilize the
services of competent counsel who agree to provide
representation to such children under subsection (b) without
charge.
``(2) Development of necessary infrastructures and
systems.--The Attorney General shall develop the necessary
mechanisms to identify counsel available to provide pro bono
legal assistance and representation to children under
subsection (b) and to recruit such counsel.
``(d) Contracts; Grants.--The Attorney General may enter
into contracts with, or award grants to, nonprofit agencies
with relevant expertise in the delivery of immigration-
related legal services to children to carry out the
responsibilities under this section, including providing
legal orientation, screening cases for referral, recruiting,
training, and overseeing pro bono attorneys. Nonprofit
agencies may enter into subcontracts with, or award grants
to, private voluntary agencies with relevant expertise in the
delivery of immigration related legal services to children in
order to carry out this section.
``(e) Model Guidelines on Legal Representation of
Children.--
``(1) Development of guidelines.--The Executive Office for
Immigration Review, in consultation with voluntary agencies
and national experts, shall develop model guidelines for the
legal representation of alien children in immigration
proceedings, which shall be based on the children's asylum
guidelines, the American Bar Association Model Rules of
Professional Conduct, and other relevant domestic or
international sources.
``(2) Purpose of guidelines.--The guidelines developed
under paragraph (1) shall be designed to help protect each
child from any individual suspected of involvement in any
criminal, harmful, or exploitative activity associated with
the smuggling or trafficking of children, while ensuring the
fairness of the removal proceeding in which the child is
involved.
``(f) Duties of Counsel.--Counsel provided under this
section shall--
``(1) represent the unaccompanied alien child in all
proceedings and matters relating to the immigration status of
the child or other actions involving the Department of
Homeland Security;
``(2) appear in person for all individual merits hearings
before the Executive Office for Immigration Review and
interviews involving the Department of Homeland Security;
``(3) owe the same duties of undivided loyalty,
confidentiality, and competent representation to the child as
is due to an adult client; and
``(4) carry out other such duties as may be proscribed by
the Attorney General or the Executive Office for Immigration
Review.
``(g) Savings Provision.--Nothing in this section may be
construed to supersede--
``(1) any duties, responsibilities, disciplinary, or
ethical responsibilities an attorney may have to his or her
client under State law;
``(2) the admission requirements under State law; or
``(3) any other State law pertaining to the admission to
the practice of law in a particular jurisdiction.''.
(2) Rulemaking.--The Attorney General shall promulgate
regulations to implement section 292 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. ____. ACCESS BY COUNSEL AND LEGAL ORIENTATION AT
DETENTION FACILITIES.
The Secretary of Homeland Security shall provide access to
counsel for all aliens detained in a facility under the
supervision of U.S. Immigration and Customs Enforcement, U.S.
Customs and Border Protection, or the Department of Health
and Human Services, or in any private facility that contracts
with the Federal Government to house, detain, or hold aliens.
SEC. ____. 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(b) of the
Immigration and Nationality Act, as added by this title, 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
section 292(b) of the Immigration and Nationality Act, as
added by this title, who were represented by counsel,
including information specifying--
(A) the stage of the legal process at which each such alien
was represented;
(B) whether the alien was in government custody; and
(C) the nationality and ages of such aliens; and
(2) the number and percentage of aliens who received legal
orientation presentations, including the nationality and ages
of such aliens.
SEC. ____. 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 title.
______