,,ii #aafth ,,congress #ast ,session ,s4 #ffb ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,march #e1 #bjai ,ms4 ,hirono 7for herself1 ,mrs4 ,feinstein1 ,mr4 ,leahy1 ,ms4 ,harris1 ,mr4 ,udall1 ,mr4 ,durbin1 ,mr4 ,menendez1 ,mr4 ,markey1 ,mr4 ,merkley1 ,mr4 ,coons1 ,ms4 ,cortez ,masto1 ,mr4 ,wyden1 ,ms4 ,warren1 ,mr4 ,murphy1 ,mr4 ,blumenthal1 ,mrs4 ,gillibrand1 ,ms4 ,klobuchar1 ,ms4 ,smith1 ,mr4 ,schatz1 ,mr4 ,booker1 and ,mr4 ,sanders7 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 alien children4 #a4 ,short title ,this ,act may be cited as the ,fair ,day in ,court for ,kids ,act of #bjai4 #b4 ,improving immigration court efficiency and reducing costs by increasing access to legal information 7a7 ,appointment of counsel in removal proceedings2 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 alien1 or the alien's counsel1 not later than #g days after receiving a notice to appear under section #bci7;a71 shall receive a complete copy of the alien's immigration file 7commonly known as an ,a-file7 in the possession of the ,department of ,homeland ,security 7other than documents protected from disclosure under section #eeb7;b7 of title #e1 ,united ,states ,code72 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 ,a removal proceeding may not proceed until the alien1 or the alien's counsel if the alien is represented-- 7,a7 has received the documents required under paragraph 7#d77;,c72 and 7,b7 has been provided at least #aj days to review and assess such documents4 4 7b7 ,clarification regarding the authority of the ,attorney ,general ,to appoint counsel to aliens in immigration proceedings 7#a7 ,in general ,section #bib of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #acfb7 is amended to read as follows3 #bib4 ,right to counsel 7a7 ,in general ,except as provided in subsections 7b7 and 7c71 in any removal proceeding and in any appeal proceeding before the ,attorney ,general from any such removal proceeding1 the subject of the proceeding shall have the privilege of being represented by such counsel as may be authorized to practice in such proceeding as he or she may choose4 ,this subsection shall not apply to screening proceedings described in section #bce7;b77#a77;,a74 7b7 ,access to counsel for unaccompanied alien children 7#a7 ,in general ,in any removal proceeding and in any appeal proceeding before the ,attorney ,general from any such removal proceeding1 an unaccompanied alien child 7as defined in section #dfb7;g7 of the ,homeland ,security ,act on #bjjb 7#f ,u4,s4,c4 #bgi7;g777 shall be represented by ,government-appointed counsel1 at ,government expense4 7#b7 ,length of representation ,once a child is designated as an unaccompanied alien child under paragraph 7#a71 the child shall be represented by counsel at every stage of the proceedings from the child's initial appearance through the termination of immigration proceedings1 and any ancillary matters appropriate to such proceedings even if the child attains #ah years of age or is reunified with a parent or legal guardian while the proceedings are pending4 7#c7 ,notice ,not later than #gb hours after an unaccompanied alien child is taken into ,federal custody1 the alien shall be notified that he or she will be provided with legal counsel in accordance with this subsection4 7#d7 ,within detention facilities ,the ,secretary of ,homeland ,security shall ensure that unaccompanied alien children have access to counsel inside all detention1 holding1 and border facilities4 7c7 ,pro bono representation 7#a7 ,in general ,to the maximum extent practicable1 the ,attorney ,general shall make every effort to utilize the services of competent counsel who agree to provide representation to such children under subsection 7b7 without charge4 7#b7 ,development of necessary infrastructures and systems ,the ,attorney ,general shall develop the necessary mechanisms to identify counsel available to provide pro bono legal assistance and representation to children under subsection 7b7 and to recruit such counsel4 7d7 ,contracts2 grants ,the ,attorney ,general may enter into contracts with1 or award grants to1 nonprofit agencies with relevant expertise in the delivery of immigration-related legal services to children to carry out the responsibilities under this section1 including providing legal orientation1 screening cases for referral1 recruiting1 training1 and overseeing pro bono attorneys4 ,nonprofit agencies may enter into subcontracts with1 or award grants to1 private voluntary agencies with relevant expertise in the delivery of immigration-related legal services to children in order to carry out this section4 7e7 ,model guidelines on legal representation of children 7#a7 ,development of guidelines ,the ,executive ,office for ,immigration ,review1 in consultation with voluntary agencies and national experts1 shall develop model guidelines for the legal representation of alien children in immigration proceedings1 which shall be based on the children's asylum guidelines1 the ,american ,bar ,association ,model ,rules of ,professional ,conduct1 and other relevant domestic or international sources4 7#b7 ,purpose of guidelines ,the guidelines developed under paragraph 7#a7 shall be designed to help protect each child from any individual suspected of involvement in any criminal1 harmful1 or exploitative activity associated with the smuggling or trafficking of children1 while ensuring the fairness of the removal proceeding in which the child is involved4 7f7 ,duties of counsel ,counsel provided under this section shall-- 7#a7 represent the unaccompanied alien child in all proceedings and matters relating to the immigration status of the child or other actions involving the ,department of ,homeland ,security2 7#b7 appear in person for all individual merits hearings before the ,executive ,office for ,immigration ,review and interviews involving the ,department of ,homeland ,security2 7#c7 owe the same duties of undivided loyalty1 confidentiality1 and competent representation to the child as is due to an adult client2 and 7#d7 carry out other such duties as may be proscribed by the ,attorney ,general or the ,executive ,office for ,immigration ,review4 7g7 ,savings provision ,nothing in this section may be construed to supersede-- 7#a7 any duties1 responsibilities1 disciplinary1 or ethical responsibilities an attorney may have to his or her client under ,state law2 7#b7 the admission requirements under ,state law2 or 7#c7 any other ,state law pertaining to the admission to the practice of law in a particular jurisdiction4 4 7#b7 ,rulemaking ,the ,attorney ,general shall promulgate regulations to implement section #bib 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 at detention facilities ,the ,secretary of ,homeland ,security shall provide access to counsel for all aliens detained in a facility under the supervision of ,u4,s4 ,immigration and ,customs ,enforcement1 ,u4,s4 ,customs and ,border ,protection1 or the ,department of ,health and ,human ,services1 or in any private facility that contracts with the ,federal ,government to house1 detain1 or hold aliens4 #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 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;b7 of the ,immigration and ,nationality ,act1 as added by section #b7;b71 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 section #bib7;b7 of the ,immigration and ,nationality ,act1 as added by section #b7;b71 who were represented by counsel1 including information specifying-- 7,a7 the stage of the legal process at which each such alien was represented2 7,b7 whether the alien was in government custody2 and 7,c7 the nationality and ages of such aliens2 and 7#b7 the number and percentage of aliens who received legal orientation presentations1 including the nationality and ages of such aliens4 #e4 ,authorization of appropriations 7a7 ,in general ,there is authorized to be appropriated to the ,executive ,office for ,immigration ,review of the ,department of ,justice such sums as may be necessary to carry out this ,act4 7b7 ,budgetary effects ,the budgetary effects of this ,act1 for the purpose of complying with the ,statutory ,pay-,as-,you-,go ,act of #bjaj1 shall be determined by reference to the latest statement titled ,budgetary ,effects of ,,paygo ,legislation for this ,act1 submitted for printing in the ,congressional ,record by the ,chairman of the ,senate ,budget ,committee1 provided that such statement has been submitted prior to the vote on passage4