Fair Day in Court for Kids Act of 2026
Sponsored By: Representative Lofgren, Zoe [D-CA-18]
Introduced
Summary
Creates government-funded legal representation for unaccompanied children in immigration proceedings. The bill would require the Department of Health and Human Services, through the Office of Refugee Resettlement, to provide or appoint counsel at government expense and ensure access to counsel in custody and border facilities as soon as practicable after custody or a Notice to Appear is issued.
Show full summary
- Children and families: Counsel must represent an unaccompanied child at every stage of removal and related DHS or State court matters, and representation continues if the child turns 18 or is reunified. The child must be told about provided counsel within 72 hours of custody.
- Agencies and legal providers: HHS must build systems to identify, recruit, train, and oversee attorneys and use pro bono lawyers to the maximum extent practicable. Model guidelines for representation will be developed with immigration courts, DHS, and outside groups.
- Process and enforcement: DHS must allow access to counsel in ICE and CBP facilities. If HHS fails to appoint counsel, the usual limits on motions to reopen do not apply and filing a motion to reopen stays removal.
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Bill Overview
Analyzed Economic Effects
2 provisions identified: 2 benefits, 0 costs, 0 mixed.
Free lawyers for unaccompanied children
If you are an unaccompanied child, the government would provide a lawyer at no cost for immigration court and related DHS or state cases. HHS/ORR would have to appoint a lawyer as expeditiously as practicable after a Notice to Appear or after placing the child in custody. The child must be told within 72 hours that a lawyer will be provided. Lawyers would represent the child at all stages until the case ends, even if the child turns 18 or is reunified. ORR would write model rules, train and oversee counsel, and try to use pro bono lawyers. DHS would have to give a child’s lawyer the A-file within 7 days of a Notice to Appear and the case could not proceed until the lawyer has at least 10 days to review it. The bill would preserve state rules for lawyer ethics and licensing, and would authorize such sums as may be necessary to run the program. If HHS fails to provide required counsel, the child could file a motion to reopen and removal would be stayed.
Access to lawyers in detention facilities
The bill would require DHS to provide access to lawyers for all noncitizens detained in ICE or CBP facilities, including private contractor facilities. Unaccompanied children in detention, holding, and border facilities would also get access to counsel inside those places.
Sponsors & CoSponsors
Sponsor
Lofgren, Zoe [D-CA-18]
CA • D
Cosponsors
Rep. Barragan, Nanette Diaz [D-CA-44]
CA • D
Sponsored 6/11/2026
Rep. Carbajal, Salud O. [D-CA-24]
CA • D
Sponsored 6/11/2026
Rep. Crockett, Jasmine [D-TX-30]
TX • D
Sponsored 6/11/2026
Rep. Davis, Danny K. [D-IL-7]
IL • D
Sponsored 6/11/2026
Rep. DeGette, Diana [D-CO-1]
CO • D
Sponsored 6/11/2026
Rep. DeSaulnier, Mark [D-CA-10]
CA • D
Sponsored 6/11/2026
Rep. Garcia, Sylvia R. [D-TX-29]
TX • D
Sponsored 6/11/2026
Rep. Goldman, Daniel S. [D-NY-10]
NY • D
Sponsored 6/11/2026
Rep. Jacobs, Sara [D-CA-51]
CA • D
Sponsored 6/11/2026
Rep. Jackson, Jonathan L. [D-IL-1]
IL • D
Sponsored 6/11/2026
Rep. Johnson, Henry C. "Hank," Jr. [D-GA-4]
GA • D
Sponsored 6/11/2026
Rep. Krishnamoorthi, Raja [D-IL-8]
IL • D
Sponsored 6/11/2026
Rep. Simon, Lateefah [D-CA-12]
CA • D
Sponsored 6/11/2026
Rep. Dexter, Maxine [D-OR-3]
OR • D
Sponsored 6/11/2026
Rep. Ramirez, Delia C. [D-IL-3]
IL • D
Sponsored 6/11/2026
Roll Call Votes
No roll call votes available for this bill.
View on Congress.gov