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Requires broader access to legal information and lawyers for noncitizens in U.S. immigration proceedings, with special protections for unaccompanied children. It mandates delivery of immigration files and a short review period before proceedings continue, guarantees attorney access to people detained by DHS (including private contractors), creates reporting requirements on how counsel is provided to unaccompanied children, tolls removal deadlines when HHS fails to provide appointed counsel, and authorizes the Office of Refugee Resettlement to receive necessary funding to implement these changes.
Defines “noncitizen” as an individual who is not a citizen or national of the United States.
Defines “unaccompanied child” (also “unaccompanied alien child”) by reference to the meaning given in section 462(g) of the Homeland Security Act of 2002 (6 U.S.C. 279(g)).
For an individual who is not a citizen or national of the United States, any reference in this Act to such an individual is to be understood as referring to the same individual as described by that term in any Federal law, Federal regulation, or written instrument issued by the executive branch of the Government.
The section explicitly links the Act’s uses of the terms "noncitizen" and "alien" to how those terms are used or described in other federal sources (Federal law, Federal regulation, or executive-branch written instruments).
Adds a definition of “noncitizen” to 8 U.S.C. 1101(a): an individual who is not a citizen or national of the United States.
Primary impacts:
Noncitizens in immigration proceedings: The Act increases procedural protections by ensuring access to case files, legal information, and lawyer access while detained, which should improve ability to prepare defenses and understand rights.
Unaccompanied children: This group is the main focus. The Act requires special appointment procedures, tracking, reporting, and training for counsel, likely increasing legal representation rates and pausing removals when counsel is not timely provided.
DHS detention operations: DHS must implement uniform policies to admit counsel visits across ICE, CBP, and contractor-run facilities; this may require changes to visitation protocols, security procedures, scheduling, and record-sharing.
HHS/ORR and DOJ/EOIR: HHS (working with DOJ) must establish or expand systems to locate, appoint, and document counsel for eligible children, and to produce annual reports; EOIR may face more reopened or stayed proceedings where counsel was not provided.
Legal services providers and pro bono networks: Expected to see higher demand for immigration attorneys, training, and capacity-building to meet appointment and reporting requirements.
Courts and case processing: Short review periods and tolling rules could slow immediate removals and result in more motions to reopen, affecting immigration court scheduling and government removal planning.
Budget and staffing: ORR is authorized to receive necessary funding, but federal agencies will need staff and systems to comply; implementation will have fiscal and operational consequences for the agencies involved.
Overall, the Act strengthens procedural access to counsel and information for vulnerable noncitizens, particularly unaccompanied children, while shifting operational and fiscal burdens to federal agencies and creating potential effects on case timelines and removal processes.
Adds two definitions to subsection (a): a definition of 'noncitizen' and a definition of 'unaccompanied child' by reference to 6 U.S.C. 279(g).
Amends subsection (b)(4) to (A) allow the Attorney General, or in the case of an unaccompanied child the Secretary of Health and Human Services, to appoint or provide counsel at Government expense; (B) require delivery of the noncitizen’s immigration file (A-file) to the noncitizen or counsel not later than 7 days after receipt of a notice to appear; (C) redesignate certain subparagraphs; and (D) adds a new paragraph (8) prohibiting removal proceedings from proceeding until required documents are received and the noncitizen has been afforded at least 10 days to review them (unless waived).
Replaces the existing text of section 292 (8 U.S.C. 1362) with a comprehensive statutory framework focused on unaccompanied children: establishing HHS-appointed or provided counsel at Government expense for unaccompanied children, timing and continuity requirements for appointment and representation, notice and access requirements (including notification within 72 hours and access inside detention facilities), development of pro bono use and infrastructure, model guidelines by the Director of the Office of Refugee Resettlement in consultation with EOIR and others, duties of counsel, and a savings provision preserving State law duties and admission requirements.
Adds a new clause (v) to paragraph (c)(7)(C) providing that if the Secretary of Health and Human Services fails to appoint or provide counsel for an unaccompanied child under section 292(b), the paragraph's limitations on filing a motion to reopen do not apply and the filing of such a motion stays the child's removal.
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Read twice and referred to the Committee on the Judiciary.
Introduced April 3, 2025 by Mazie Hirono · Last progress April 3, 2025
Read twice and referred to the Committee on the Judiciary.
Introduced in Senate