PRIA Logo™
119-s-5324119th Congress

Fairness to Freedom Act of 2026

Sponsored By: Senator Schiff, Adam B. [D-CA]

Introduced

Summary

This bill would create a government-funded right to counsel in immigration proceedings for people who cannot afford lawyers, and would set up an independent nonprofit Office of Immigration Representation to deliver and oversee that counsel.

Show full summary
  • Families and low-income people: Low-income individuals and families with income at or below 200 percent of the poverty line could get a government-appointed lawyer for removal, bond, expedited removal, asylum, Special Immigrant Juvenile Status, and related proceedings.
  • Detained people and ports of entry: Detained people must get counsel within 24 hours and must have confidential access, including at ports of entry where meetings are required within 12 hours. Statements made before timely access to counsel are generally inadmissible unless counsel moves otherwise.
  • Local legal system and providers: Establishes an independent nonprofit Office with a national Board, local boards, a Director, Immigration Public Defender Organizations, community defender contracts, and a panel attorney system. It authorizes funding and sets a minimum funding mechanism tied to enforcement and prosecution budgets.

Personalized for You

How does this bill affect your finances?

Personalize government policy and PRIA will tell you what this bill means for your household, plus every other piece of legislation we track. PRIA reads each provision against your financial profile to show you exactly what matters to your wallet.

Free to download

Bill Overview

Analyzed Economic Effects

5 provisions identified: 5 benefits, 0 costs, 0 mixed.

Free immigration lawyers for eligible people

If enacted, you would be able to get a government-paid lawyer in many removal, bond, expedited removal, and related immigration cases if you cannot afford one. You would be eligible if your family income is at or below 200% of the federal poverty line, or if net resources show you cannot pay. The right would start when you enter DHS/HHS custody or when you get a charging document. Detained people must have counsel activated within 24 hours, USCIS must give A-files within 7 days, and hearings generally cannot start until 10 days after counsel gets records unless you knowingly waive that wait. Waivers must be voluntary, knowing, and made in the presence of counsel, and asking for appointed counsel could not be used as a public-charge reason.

New national office and local defenders

If enacted, the bill would create the Office of Immigration Representation as an independent nonprofit to run a nationwide system of appointed counsel. A 24-member Board would be appointed within one year, and the Office would set up regional Local Boards and Local Plans within months to run panels, grants, or new Immigration Public Defender offices. Local plans must ensure timely appointment of counsel and may give grants or reimbursements to existing state and local representation programs.

Paid experts, investigators, and supports

If enacted, your appointed lawyer could get paid investigators, expert witnesses, interpreters, and social supports needed for effective representation. Counsel could ask a Local Board to approve these services, and in emergencies lawyers could obtain services first and have the board review later. A Local Administrator can authorize payment when a client cannot pay.

Pay rules and reimbursements for lawyers

If enacted, the Office would set regional hourly rates and salaries for appointed lawyers, aiming for pay comparable to local ICE or government attorneys. The Office could add extra pay for remote and underserved areas and reimburse reasonable case expenses like interpreters and investigators. Local Administrators would review and certify vouchers, and the Office could set billing caps with processes to request higher payment.

Guaranteed funding tied to enforcement

If enacted, OMB would compute a yearly "prosecution-defense" ratio using the most recently concluded fiscal year. That ratio would set a minimum appropriation share for the Office of Immigration Representation from the combined current-year enforcement and prosecution budgets. The Office would receive at least that same share each fiscal year.

Sponsors & CoSponsors

Sponsor

Schiff, Adam B. [D-CA]

CA • D

Cosponsors

  • Sen. Booker, Cory A. [D-NJ]

    NJ • D

    Sponsored 8/6/2026

  • Sen. Padilla, Alex [D-CA]

    CA • D

    Sponsored 8/6/2026

  • Sen. Gillibrand, Kirsten E. [D-NY]

    NY • D

    Sponsored 8/6/2026

  • Sen. Markey, Edward J. [D-MA]

    MA • D

    Sponsored 8/6/2026

  • Sen. Merkley, Jeff [D-OR]

    OR • D

    Sponsored 8/6/2026

  • Sen. Wyden, Ron [D-OR]

    OR • D

    Sponsored 8/6/2026

  • Sen. Sanders, Bernard [I-VT]

    VT • I

    Sponsored 8/6/2026

  • Sen. Warren, Elizabeth [D-MA]

    MA • D

    Sponsored 8/6/2026

Roll Call Votes

No roll call votes available for this bill.

View on Congress.gov
Back to Legislation