Contrary to American constitutional guarantees in criminal cases, those subjected to removal proceedings in immigration cases do not have right to counsel. This law, if enacted, would not only guarantee the government ensure access to counsel, but it would also appoint or provide an attorney for these vulnerable individuals. The funding for legal representation would come from reserving a $10 portion of existing fees collected from those who apply for immigration benefits.

“As a former attorney, I believe vulnerable individuals should have access to counsel during such formative and potentially life-altering hearings,” said Rep. A. Donald McEachin. “It is unconscionable that children, victims, and people with disabilities are left without any legal representation during such impactful proceedings, and we cannot allow it to continue. I am proud to introduce the FAIR Proceedings Act to provide vulnerable individuals with the legal resources they need while presenting their case in immigration court. Not only is this a matter of fairness and due process, but it will also help expedite court processes and reduce the immigration court backlog.”

“Immigrant children and vulnerable individuals, like asylum seekers, should be afforded justice in the United States. This bill would importantly help reduce the immigration court backlog, save the government money, and guarantee that the due process rights of children are protected,” said Rep. Zoe Lofgren, Chair of the House Immigration and Citizenship Subcommittee.