,,ii #aadth ,,congress #b;d ,session ,s4 #bedj ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,february #aa1 #bjaf ,mr4 ,reid 7for himself1 ,mr4 ,durbin1 ,mrs4 ,murray1 ,mr4 ,leahy1 ,mr4 ,menendez1 ,ms4 ,hirono1 ,mr4 ,franken1 ,mr4 ,udall1 and ,mr4 ,brown7 introduced the following bill2 which was read twice and referred to the ,committee on the ,judiciary ,a ,,bill ,to provide access to counsel for unaccompanied children and other vulnerable populations4 #a4 ,short title ,this ,act may be cited as the ,fair ,day in ,court for ,kids ,act of #bjaf4 #b4 ,improving immigration court efficiency and reducing costs by increasing access to legal information 7a7 ,appointment of counsel in certain cases2 right ,to review certain documents in removal proceedings ,section #bdj7;b7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #abbi;a7b77 is amended-- 7#a7 in paragraph 7#d7-- 7,a7 in subparagraph 7,a7-- 7i7 by striking 1 at no expense to the ,government12 and 7ii7 by striking the comma at the end and inserting a semicolon2 7,b7 by redesignating subparagraphs 7,b7 and 7,c7 as subparagraphs 7,d7 and 7,e71 respectively2 7,c7 by inserting after subparagraph 7,a7 the following3 7,b7 the ,attorney ,general may appoint or provide counsel1 at ,government expense1 to aliens in immigration proceedings2 7,c7 the alien shall1 at the beginning of the proceedings or as expeditiously as possible1 automatically receive a complete copy of all relevant documents in the possession of the ,department of ,homeland ,security1 including all documents 7other than documents protected from disclosure by privilege1 including national security information referred to in subparagraph 7,d71 law enforcement sensitive information1 and information prohibited from disclosure pursuant to any other provision of law7 contained in the file maintained by the ,government that includes information with respect to all transactions involving the alien during the immigration process 7commonly referred to as an ,a-file71 and all documents pertaining to the alien that the ,department of ,homeland ,security has obtained or received from other government agencies1 unless the alien waives the right to receive such documents by executing a knowing and voluntary written waiver in a language that he or she understands fluently2 2 and 7,d7 in subparagraph 7,d71 as redesignated1 by striking 1 and and inserting 2 and2 and 7#b7 by adding at the end the following3 7#h7 ,failure to provide alien required documents ,in the absence of a waiver under paragraph 7#d77;,c71 a removal proceeding may not proceed until the alien-- 7,a7 has received the documents as required under such paragraph2 and 7,b7 has been provided meaningful time to review and assess such documents4 4 7b7 ,clarification regarding the authority of the ,attorney ,general ,to appoint counsel to aliens in immigration proceedings ,section #bib of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #acfb7 is amended-- 7#a7 by striking ,in any and inserting the following3 7a7 ,in general ,in any 2 7#b7 in subsection 7a71 as redesignated-- 7,a7 by striking 7at no expense to the ,government72 and 7,b7 by striking he shall and inserting the person shall2 and 7#c7 by adding at the end the following3 7b7 ,access to counsel ,the ,attorney ,general may appoint or provide counsel to aliens in any proceeding conducted under section #bce1 #bcf1 #bch1 #bdj1 or #bda or any other section of this ,act4 ,the ,secretary of ,homeland ,security shall ensure that aliens have access to counsel inside all immigration detention and border facilities4 4 7c7 ,appointment of counsel for unaccompanied alien children and vulnerable aliens 7#a7 ,in general ,section #bib of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #acfb71 as amended by subsection 7b71 is further amended by adding at the end the following3 7c7 ,unaccompanied alien children and vulnerable aliens ,notwithstanding subsection 7b71 the ,attorney ,general shall appoint counsel1 at the expense of the ,government if necessary1 at the beginning of the proceedings or as expeditiously as possible1 to represent in such proceedings any alien who has been determined by the ,secretary of ,homeland ,security or the ,attorney ,general to be-- 7#a7 an unaccompanied alien child 7as defined in section #dfb7;g7 of the ,homeland ,security ,act on #bjjb 7#f ,u4,s4,c4 #bgi7;g7772 7#b7 a particularly vulnerable individual1 such as-- 7,a7 a person with a disability2 or 7,b7 a victim of abuse1 torture1 or violence2 or 7#c7 an individual whose circumstances are such that the appointment of counsel is necessary to help ensure fair resolution and efficient adjudication of the proceedings4 7d7 ,authorization of appropriations ,there is authorized to be appropriated to the ,executive ,office of ,immigration ,review of the ,department of ,justice such sums as may be necessary to carry out this section4 4 7#b7 ,rulemaking ,the ,attorney ,general shall promulgate regulations to implement section #bib7;c7 of the ,immigration and ,nationality ,act1 as added by paragraph 7#a71 in accordance with the requirements set forth in section #cjjf;,a of title #ah1 ,united ,states ,code4 #c4 ,access by counsel and legal orientation at detention facilities 7a7 ,access to counsel ,the ,secretary of ,homeland ,security shall facilitate access to counsel for all aliens detained in facilities under the supervision of ,u4,s4 ,immigration and ,customs ,enforcement or of ,u4,s4 ,customs and ,border ,protection1 including providing information to aliens in detention about legal services programs at detention facilities4 7b7 ,access to legal orientation programs ,the ,secretary of ,homeland ,security1 in consultation with the ,attorney ,general1 shall establish procedures to ensure that legal orientation programs are available for all detained aliens1 including aliens held in ,u4,s4 ,customs and ,border ,protection facilities1 to inform such aliens of the basic procedures of immigration hearings1 their rights relating to those hearings under ,federal immigration laws1 information that may deter such aliens from filing frivolous legal claims1 and any other information that the ,attorney ,general considers appropriate1 such as a contact list of potential legal resources and providers4 ,access to legal orientation programs shall not be limited by the alien's current immigration status1 prior immigration history1 or potential for immigration relief4 7c7 ,pilot project for nondetained aliens in removal proceedings ,the ,attorney ,general shall develop and administer a #b-year pilot program at not fewer than #b immigration courts to provide nondetained aliens with pending asylum claims access to legal information4 ,at the conclusion of the pilot program1 the ,attorney ,general shall submit a report to the ,committee on the ,judiciary of the ,senate and the ,committee on the ,judiciary of the ,house of ,representatives that describes the extent to which nondetained aliens are provided with access to counsel4 7d7 ,authorization of appropriations ,there is authorized to be appropriated to the ,executive ,office of ,immigration ,review of the ,department of ,justice such sums as may be necessary to carry out this section4 #d4 ,case management pilot program to increase court appearance rates 7a7 ,contract authority ,the ,secretary of ,homeland ,security shall establish a pilot program to increase the court appearance rates of aliens described in paragraphs 7#b7 and 7#c7 of section #bib7;c7 of the ,immigration and ,nationality ,act1 as added by section #b7;c77#a71 by contracting with nongovernmental1 community-based organizations to provide appropriate case management services to such aliens4 7b7 ,scope of services ,case management services provided under subsection 7a7 shall include assisting aliens with-- 7#a7 accessing legal counsel2 7#b7 complying with court-imposed deadlines and other legal obligations2 7#c7 procuring appropriate housing2 7#d7 enrolling their minor children in school2 and 7#e7 acquiring health services1 including1 if needed1 mental health services4 7c7 ,authorization of appropriations ,there is authorized to be appropriated to the ,department of ,homeland ,security such sums as may be necessary to carry out this section4 #e4 ,report on access to counsel 7a7 ,report ,not later than ,december #ca of each year1 the ,secretary of ,homeland ,security1 in consultation with the ,attorney ,general1 shall prepare and submit a report to the ,committee on the ,judiciary of the ,senate and the ,committee on the ,judiciary of the ,house of ,representatives regarding the extent to which aliens described in section #bib7;c7 of the ,immigration and ,nationality ,act1 as added by section #b7;c77#a71 have been provided access to counsel4 7b7 ,contents ,each report submitted under paragraph 7a7 shall include1 for the immediately preceding #a-year period-- 7#a7 the number and percentage of aliens described in paragraphs 7#a71 7#b71 and 7#c71 respectively1 of section #bib7;c7 of the ,immigration and ,nationality ,act1 as added by section #b7;c77#a71 who were represented by counsel1 including information specifying-- 7,a7 the stage of the legal process at which the alien was represented2 and 7,b7 whether the alien was in government custody2 and 7#b7 the number and percentage of aliens who received legal orientation presentations4