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H.R. 9304 · 117th Congress

Funding Attorneys for Indigent Removal (FAIR) Proceedings Act

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Never voted on. It didn't reach a floor vote before the 117th Congress ended, so it expired. A bill has to be introduced again to be considered in a new Congress.

9 cosponsors · 9 D

8 signed on when it was introduced; the rest joined later. Cosponsors who withdrew aren't shown.

Funding Attorneys for Indigent Removal (FAIR) Proceedings Act

What it does: CRS summary · Introduced in House · Nov 15, 2022

Funding Attorneys for Indigent Removal (FAIR) Proceedings Act

This bill expands access to counsel for non-U.S. nationals (aliens under federal law) in immigration proceedings and provides protections related to such proceedings.

Such an individual shall have the privilege of being represented by counsel in any immigration proceeding, whereas currently this privilege is statutorily provided for only in removal proceedings.

Similarly, the Department of Justice (DOJ) may provide counsel at government expense to individuals in any immigration proceeding, whereas currently DOJ is statutorily authorized to provide counsel only for removal proceedings and at no expense to the government.

Under this bill, DOJ shall provide counsel to children and vulnerable individuals in such proceedings, at government expense if necessary. If DOJ fails to do so, certain limits on filing a motion to reopen removal proceedings (such as the time limit for filing) shall not apply, and the individual's removal shall be stayed upon the motion's filing.

The bill establishes the Immigration Counsel Account to be used to provide counsel under this bill. A portion of certain immigration fees shall be deposited into the account.

The Department of Homeland Security (DHS) shall provide each individual, generally at the beginning of proceedings, a complete copy of the individual's case file in DHS possession, unless the individual waives this right in writing. Failure to provide such documents shall delay the individual's removal proceeding.

DHS shall facilitate for all detained individuals access to counsel and programs that inform such individuals of their immigration-related rights and obligations.

Written by the nonpartisan Congressional Research Service. All summary versions on Congress.gov

About this bill and sources

Official title: Funding Attorneys for Indigent Removal (FAIR) Proceedings Act

Latest action (Nov 15, 2022): Referred to the House Committee on the Judiciary.

Policy area: Immigration · Origin: House · Introduced: Nov 15, 2022

Official page on Congress.gov · Bill text (GovInfo) · Status record (XML)

No recorded floor vote found.