[Congressional Bills 114th Congress]
[From the U.S. Government Publishing Office]
[S. 2540 Introduced in Senate (IS)]
<DOC>
114th CONGRESS
2d Session
S. 2540
To provide access to counsel for unaccompanied children and other
vulnerable populations.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
February 11, 2016
Mr. Reid (for himself, Mr. Durbin, Mrs. Murray, Mr. Leahy, Mr.
Menendez, Ms. Hirono, Mr. Franken, Mr. Udall, and Mr. Brown) introduced
the following bill; which was read twice and referred to the Committee
on the Judiciary
_______________________________________________________________________
A BILL
To provide access to counsel for unaccompanied 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 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
``(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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