Fairness to Freedom Act of 2025
Sponsored By: Representative Torres (CA)
Introduced
Summary
A federal right to government-funded counsel in immigration proceedings would guarantee lawyers for people who cannot afford them and create a permanent agency to run that system.
Show full summary
- Families and noncitizens in removal, bond, expedited removal, or related proceedings would be eligible for a government-appointed attorney if they cannot afford one; a sworn statement at or below 200 percent of the federal poverty line generally creates eligibility.
- People taken into custody or held at ports of entry would get confidential access to counsel within 12 hours or timely remote contact; failures can make statements inadmissible and may force continuances or even termination of proceedings with prejudice.
- The bill would create an independent Office of Immigration Representation with a central Board, Local Boards, Immigration Public Defender organizations, community defender groups, and mandatory Attorney Panels; Local Boards must be established within 6 months and Local Plans developed within 120 days.
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Bill Overview
Analyzed Economic Effects
4 provisions identified: 4 benefits, 0 costs, 0 mixed.
Free immigration lawyers and faster access
If enacted, people in deportation or related immigration cases who cannot afford a lawyer would get one paid by the government. A sworn statement that family income is at or below 200% of the poverty line would qualify you. The right would start when you are put in DHS or HHS custody or when a Notice to Appear is issued. If detained, a lawyer would be appointed as soon as possible and no later than 24 hours. You would be allowed a private meeting with counsel in the first 12 hours, and USCIS would give your A‑file within 7 days. Cases would pause until counsel is appointed, and there would be a 10‑day review period after you get requested records unless you waive it. Giving up a lawyer would only be allowed in front of that lawyer, and only if you clearly understand the case and choices.
New immigration defender office and pay rules
If enacted, a new independent Office of Immigration Representation would organize and fund defense services nationwide. Local Boards would file plans within 120 days and could fund local programs, while the Office would manage vouchers, budgets, and yearly reports. Appointed lawyers would be paid at rates comparable to nearby government attorneys, with regional rates and extra pay for remote areas. DHS would reimburse reasonable case costs like transcripts (not malpractice defense). Staff of the Office and public defender groups would get federal‑style retirement, health, life insurance, workers’ comp, and could choose the Thrift Savings Plan. The Office would also complete a full review every 7 years.
Stable funding floor tied to prosecutions
If enacted, the Office of Immigration Representation would receive at least a yearly funding floor. OMB would set the floor by multiplying the current combined enforcement and Office funding by last year’s defense‑to‑enforcement ratio. The enforcement side would include ICE, CBP, and DOJ’s Office of Immigration Litigation (and any agency that later takes those roles). This formula would apply each fiscal year.
Free lawyer won’t count as public charge
If enacted, asking for or getting a government‑paid lawyer under this bill would not count against you in any public‑charge test. This would apply to visa, admission, removal, and any other immigration decisions where public charge is considered.
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Sponsors & CoSponsors
Sponsor
Torres (CA)
CA • D
Cosponsors
Meng
NY • D
Sponsored 4/30/2025
Jayapal
WA • D
Sponsored 4/30/2025
Tlaib
MI • D
Sponsored 5/20/2025
Chu
CA • D
Sponsored 6/23/2025
Del. Norton, Eleanor Holmes [D-DC-At Large]
DC • D
Sponsored 6/23/2025
Ramirez
IL • D
Sponsored 6/23/2025
Goldman (NY)
NY • D
Sponsored 9/17/2025
Johnson (GA)
GA • D
Sponsored 9/18/2025
Quigley
IL • D
Sponsored 9/18/2025
Thanedar
MI • D
Sponsored 10/6/2025
Salinas
OR • D
Sponsored 11/4/2025
Crockett
TX • D
Sponsored 2/10/2026
DeGette
CO • D
Sponsored 3/27/2026
Roll Call Votes
No roll call votes available for this bill.
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