,,ii #aafth ,,congress #ast ,session ,s4 #bchi ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,july #ca1 #bjai,mr4 ,schumer 7for ,mrs4 ,gillibrand 7for herself1 ,mr4 ,blumenthal1 and ,mr4 ,booker77 introduced the following bill2 which was read twice and referred to the ,committee on the ,judiciary ,a ,,bill ,to provide access to counsel for children and other vulnerable populations4 #a4 ,short titles ,this ,act may be cited as the ,funding ,attorneys for ,indigent ,removal ,proceedings ,act or the ,,fair ,proceedings ,act4 #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 the alien2 7,c7 the alien1 at the beginning of such proceedings or as expeditiously as possible1 shall automatically receive a complete copy of all relevant documents in the possession of the ,department of ,homeland ,security 7unless 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 fluently71 including-- 7i7 all documents 7other than documents protected from disclosure by privilege and documents containing national security information referred to in subparagraph 7,d71 law enforcement sensitive information1 or 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-file72 and 7ii7 all documents pertaining to the alien that the ,department of ,homeland ,security has obtained or received from other government agencies2 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 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 proceeding conducted under section #bce1 #bcf1 #bch1 #bdj1 or #bda1 or under any other section of this ,act1 including 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 #bda1 or under 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 children and vulnerable aliens 7#a7 ,in general ,section #bib of the ,immigration and ,nationality ,act1 as amended by subsection 7b71 is further amended by adding at the end the following3 7c7 ,children and vulnerable aliens ,notwithstanding subsection 7b71 the ,attorney ,general shall appoint or provide counsel1 at the expense of the ,government1 if necessary1 at the beginning of immigration proceedings1 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 a child2 7#b7 a person with a disability2 7#c7 a victim of abuse1 torture1 or violence2 7#d7 an individual whose income is at or below #bjj percent of the poverty line 7as defined by the ,office of ,management and ,budget and revised annually in accordance with section #fgc7b7 of the ,community ,services ,block ,grant ,act 7#db ,u4,s4,c4 #iijb7b777 applicable to a family of the size involved2 or 7#e7 an individual whose circumstances require the appointment of counsel to help ensure the fair resolution and efficient adjudication of the proceedings4 7d7 ,extension to consolidated cases ,if the ,attorney ,general has consolidated the case of an alien for whom counsel was appointed under subsection 7c7 with the case of another alien who does not have counsel1 the counsel appointed under subsection 7c7 shall be appointed to represent such other alien4 7e7 ,authorization of appropriations ,in addition to amounts available in the ,immigration ,counsel ,account under section #bie1 there is authorized to be appropriated to the ,executive ,office of ,immigration ,review of the ,department of ,justice1 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 such aliens regarding legal services programs at detention facilities4 7b7 ,access to legal orientation programs 7#a7 ,procedures ,the ,secretary of ,homeland ,security1 in consultation with the ,attorney ,general1 shall establish procedures-- 7,a7 to ensure that legal orientation programs are available for all detained aliens1 including aliens held in ,u4,s4 ,customs and ,border ,protection facilities2 and 7,b7 to inform such aliens of-- 7i7 the basic procedures of immigration hearings2 7ii7 their rights relating to such hearings under ,federal immigration laws2 7iii7 information that may deter such aliens from filing frivolous legal claims2 and 7iv7 any other information that the ,attorney ,general considers appropriate1 such as a contact list of potential legal resources and providers4 7#b7 ,universal availability ,access to legal orientation programs under paragraph 7#a7 may not be limited by the alien's current immigration status1 prior immigration history1 or potential for immigration relief4 #d4 ,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 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 subsection 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 7#c71 and 7#d71 respectively1 of section #bib7;c7 of the ,immigration and ,nationality ,act 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 #e4 ,motions to reopen ,section #bdj7;c77#g77;,c7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #abbi;a7c77#g77;,c77 is amended by adding at the end the following3 7v7 ,special rule for aliens entitled to appointment of counsel ,if the ,attorney ,general fails to appoint counsel for an alien in violation of section #bib7;c7-- 7,i7 no limitation under this paragraph pertaining to the filing of any motion under this paragraph by such alien shall apply2 and 7,,ii7 the filing of such a motion shall stay the removal of the alien4 4