Fairness to Freedom Act of 2025

This proposal would guarantee a government-paid lawyer for people in immigration court who can’t afford one. The right starts as soon as someone is taken into immigration custody or gets a Notice to Appear, and it covers bond, deportation, and related matters. Lawyers, interpreters, and other help would be provided so people can fully defend their case.

A new Office of Immigration Representation would run the program, using public defender-style offices, community defender groups, and private attorneys to take cases. Agencies must tell people about their right to a lawyer; if they can’t afford one, one will be appointed before the case begins, with a simple income test (up to 200% of the poverty line). People and their lawyers must quickly get copies of their immigration files, and cases can’t start for 10 days after the files are shared, unless the person waives that wait. People must be allowed to meet with their lawyer, including within the first 12 hours of detention; if access is blocked, early statements can’t be used. If a required lawyer isn’t provided, the government must end the case.

• Who is affected: Anyone in removal or related immigration matters, including young people who may qualify for special immigrant juvenile status, and people in detention.
• What changes: Government pays for lawyers and needed services like interpreters, investigators, and help with mental health, housing, travel, and accompaniment to court.
• What changes: Fast access to your case file and time to review it before court.
• What changes: Guaranteed access to meet your lawyer, in person or remotely, soon after detention; if access is denied, statements can’t be used.
• Funding: Sets a minimum funding level tied to immigration enforcement budgets to keep the program running.
• When: Phased in as the new Office and local boards are set up; local boards must be created within 6 months after the Board is established.