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Replaces existing section 292 (8 U.S.C. 1362) with a new, expanded statutory right to government-appointed counsel in a broad set of immigration-related proceedings, adds eligibility criteria, procedures for appointment and access, and duties for various agencies.
References the definition of 'poverty line' in 42 U.S.C. 9902 to set an eligibility threshold (200 percent of the poverty line) for government-appointed counsel under the amended 8 U.S.C. 1362.
Guarantees government-paid lawyers for people in removal (deportation) immigration proceedings who cannot afford counsel. It creates an independent Office of Immigration Representation to organize and oversee local defense systems, appoint counsel (public defenders, nonprofit programs, or private panels), set quality and training standards, and fund representation with a statutory minimum appropriation formula tied to immigration enforcement spending.
Entitles any individual who is financially unable to obtain representation to legal representation at Government expense in removal, exclusion, deportation, bond, or expedited removal proceedings and related matters before DHS, USCIS, State courts, or Federal courts (amends Section 292 of the INA).
Lists the types of proceedings and related matters covered (includes habeas petitions under 28 U.S.C. §2241, special immigrant juvenile administrative and judicial proceedings, applications before USCIS related to relief from removal, post-conviction relief in criminal proceedings, and any other proceedings related to the individual's legal status).
Requires counsel to provide zealous advocacy consistent with ABA Model Rule 1.3 and to hold the Government to its burden by presenting the fullest defense possible.
Specifies that representation includes counsel, interpretation and translation services, and any other services necessary for effective representation (including services described elsewhere in the Act).
Sets when the right to counsel 'attaches' for persons in DHS or HHS custody: at the earlier of (i) placement in custody of either department (even if proceedings haven't been formally started), or (ii) issuance of a Notice to Appear or other initiating document for specified sections. Appointment based on a Notice to Appear occurs regardless of whether the notice has been filed with the immigration court.
Who is affected and how:
Noncitizens facing removal: The law directly benefits people in removal proceedings who cannot afford lawyers by giving them a right to government-funded legal counsel and better access to their case files and legal advice. This will likely increase representation rates, especially for detained individuals and people at ports of entry.
Immigration adjudicators and courts: Immigration courts and judges will see more represented respondents, which may increase fairness but could lengthen some proceedings as counsel prepare cases, file motions, and obtain evidence or expert witnesses.
Federal agencies (DHS, ICE, CBP, DOJ): Agencies must provide timely access to counsel, deliver case files to defense counsel, and adjust operational procedures at detention centers and ports of entry. The funding formula links defense program funding to enforcement budgets, which may affect agency budgeting and interagency coordination.
Legal service providers and local governments: Local public defender-style offices, nonprofit legal services, and private attorneys can receive appointments and federal payments, increasing demand for trained immigration defense counsel and for training/continuing education programs. Local boards must design and run Local Plans, which requires administrative capacity.
Federal budget and taxpayers: The Office may require substantial new federal funding. The statutory minimum-appropriation formula ensures a baseline funding level tied to enforcement spending; that could increase budgetary commitments and influence future appropriations debates.
Border and detention operations: Special rules for border regions and detained people will require operational adjustments (access procedures, confidentiality protections, logistics for counsel visits), likely increasing administrative complexity at ports and facilities.
Overall effects and tradeoffs:
Expand sections to see detailed analysis
Referred to the House Committee on the Judiciary.
Introduced April 30, 2025 by Norma Judith Torres · Last progress April 30, 2025
Referred to the House Committee on the Judiciary.
Introduced in House