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S. 901 · 117th Congress

FAIR Proceedings Act

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IntroducedPassed one chamberPassed both chambersBecame law (gold)Resolution agreed to (full, dark)Failed or vetoed (gray)

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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 · 8 D, 1 I

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

Funding Attorneys for Indigent Removal Proceedings Act or the FAIR Proceedings Act

What it does: CRS summary · Introduced in Senate · Mar 23, 2021

Funding Attorneys for Indigent Removal Proceedings Act or the FAIR Proceedings Act

This bill expands access to counsel for aliens in immigration proceedings and provides for protections related to such proceedings.

An alien 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 aliens in any immigration proceeding, whereas currently DOJ is statutorily authorized to provide counsel to aliens only in 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 alien's removal shall be stayed upon the motion's filing.

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

DHS shall facilitate for all detained aliens access to counsel and programs that inform such aliens 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: FAIR Proceedings Act

Also known as: Funding Attorneys for Indigent Removal Proceedings Act

Latest action (Mar 23, 2021): Read twice and referred to the Committee on the Judiciary.

Policy area: Immigration · Origin: Senate · Introduced: Mar 23, 2021

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

No recorded floor vote found.