Fair Day in Court for Kids Act of 2025
Sponsored By: Senator Hirono, Mazie K. [D-HI]
Introduced
Summary
Guarantee government-funded counsel for unaccompanied children in immigration court. The bill would require timely access to each child's full immigration A-file and set firm review windows for counsel.
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- Children and families: Unaccompanied children would be appointed or provided counsel at government expense. HHS must inform the child within 72 hours of custody and representation must continue through all stages, including after age 18 or reunification.
- Counsel and legal providers: Counsel would receive a complete copy of the child's A-file within 7 days after a notice to appear and be given at least 10 days to review the materials unless that time is waived. The bill funds pro bono recruitment, training, and model guidelines and sets clear duties for attorneys.
- Detained noncitizens and agencies: DHS must ensure access to counsel inside ICE and CBP facilities, including private detention contractors. HHS and the Department of Justice must report yearly on who received counsel and how pro bono networks were built, and a failure to appoint counsel would allow a motion to reopen to stay removal.
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Bill Overview
Analyzed Economic Effects
3 provisions identified: 2 benefits, 0 costs, 1 mixed.
More legal help and case access
If enacted, the bill would let the government provide lawyers at no cost to many noncitizens and require quick appointment and notice for unaccompanied children. HHS would have to tell a child within 72 hours of custody and appoint a lawyer by the earlier of a Notice to Appear or placement in HHS custody. Lawyers must appear in person for hearings and representation would continue until the case ends, even if the child turns 18 or is reunified. DHS would have to allow counsel to meet detainees inside ICE/CBP and private facilities. DHS must give a noncitizen's A-file within 7 days of an NTA and the person or their counsel must get at least 10 days to review it before the case goes forward, unless they waive that time. If HHS fails to provide required counsel for a child, the child could file a motion to reopen without the usual time limits and filing would pause removal.
HHS pro bono program and funding
If enacted, HHS would be required to build a pro bono program to find, train, and oversee volunteer lawyers for unaccompanied children. ORR would write model guidelines with DOJ, DHS, and nonprofits and HHS must keep representation continuous if a private lawyer stops. The bill would authorize ORR to receive 'such sums as may be necessary' to carry out these duties, but specific dollar amounts would still need later appropriation. State bar rules and licensing for lawyers would still apply.
Rule for PAYGO budget scoring
If enacted, the bill would require PAYGO budget effects to be determined using the latest PAYGO statement the Senate Budget Chairman submitted before the vote on passage. This is a technical rule for budget scoring and would not itself change benefits or taxes.
Sponsors & CoSponsors
Sponsor
Hirono, Mazie K. [D-HI]
HI • D
Cosponsors
Sen. Bennet, Michael F. [D-CO]
CO • D
Sponsored 4/3/2025
Sen. Durbin, Richard J. [D-IL]
IL • D
Sponsored 4/3/2025
Sen. Heinrich, Martin [D-NM]
NM • D
Sponsored 4/3/2025
John Hickenlooper
CO • D
Sponsored 4/3/2025
Sen. Blumenthal, Richard [D-CT]
CT • D
Sponsored 4/3/2025
Sen. Booker, Cory A. [D-NJ]
NJ • D
Sponsored 4/3/2025
Sen. Coons, Christopher A. [D-DE]
DE • D
Sponsored 4/3/2025
Sen. Cortez Masto, Catherine [D-NV]
NV • D
Sponsored 4/3/2025
Sen. Duckworth, Tammy [D-IL]
IL • D
Sponsored 4/3/2025
Sen. Fetterman, John [D-PA]
PA • D
Sponsored 4/3/2025
Sen. Kim, Andy [D-NJ]
NJ • D
Sponsored 4/3/2025
Sen. Markey, Edward J. [D-MA]
MA • D
Sponsored 4/3/2025
Sen. Smith, Tina [D-MN]
MN • D
Sponsored 4/3/2025
Amy Klobuchar
MN • D
Sponsored 4/3/2025
Sen. Merkley, Jeff [D-OR]
OR • D
Sponsored 4/3/2025
Sen. Murphy, Christopher [D-CT]
CT • D
Sponsored 4/3/2025
Sen. Ossoff, Jon [D-GA]
GA • D
Sponsored 4/3/2025
Sen. Padilla, Alex [D-CA]
CA • D
Sponsored 4/3/2025
Sen. Sanders, Bernard [I-VT]
VT • I
Sponsored 4/3/2025
Sen. Schatz, Brian [D-HI]
HI • D
Sponsored 4/3/2025
Sen. Schiff, Adam B. [D-CA]
CA • D
Sponsored 4/3/2025
Sen. Van Hollen, Chris [D-MD]
MD • D
Sponsored 4/3/2025
Sen. Warren, Elizabeth [D-MA]
MA • D
Sponsored 4/3/2025
Peter Welch
VT • D
Sponsored 4/3/2025
Sen. Whitehouse, Sheldon [D-RI]
RI • D
Sponsored 4/3/2025
Sen. Wyden, Ron [D-OR]
OR • D
Sponsored 4/3/2025
Sen. Gillibrand, Kirsten E. [D-NY]
NY • D
Sponsored 4/7/2025
Sen. Luján, Ben Ray [D-NM]
NM • D
Sponsored 4/7/2025
Roll Call Votes
No roll call votes available for this bill.
View on Congress.gov