,,ii  #aaith ,,congress  #ast ,session  
,s4 #abig  ,,in ,,the ,,senate ,,of     
,,the ,,united ,,states  ,april #c1     
#bjbe ,ms4 ,hirono 7for herself1 ,mr4   
,bennet1 ,mr4 ,blumenthal1 ,mr4 ,booker1
 ,mr4 ,coons1 ,ms4 ,cortez ,masto1 ,ms4 
,duckworth1 ,mr4 ,durbin1 ,mr4          
,fetterman1 ,mr4 ,heinrich1 ,mr4        
,hickenlooper1 ,mr4 ,kim1 ,ms4          
,klobuchar1 ,mr4 ,markey1 ,mr4 ,merkley1
 ,mr4 ,murphy1 ,mr4 ,ossoff1 ,mr4       
,padilla1 ,mr4 ,sanders1 ,mr4 ,schatz1  
,mr4 ,schiff1 ,ms4 ,smith1 ,mr4 ,van    
,hollen1 ,ms4 ,warren1 ,mr4 ,welch1 ,mr4
 ,whitehouse1 and ,mr4 ,wyden7          
introduced the following bill2 which was
 read twice and referred to the         
,committee on the ,judiciary  ,a ,,bill 
,to provide counsel for unaccompanied   
children1 and for other purposes4  #a4  
,short title ,this ,act may be cited as 
the ,fair ,day in ,court for ,kids ,act 
of #bjbe4  #b4 ,definitions ,in this    
,act3  7#a7 ,noncitizen ,the term       
noncitizen means an individual who is   

not a citizen or national of the ,united
 ,states4  7#b7 ,unaccompanied child    
,the term unaccompanied child has the   
meaning given the term unaccompanied    
alien child in section #dfb7;g7 of the  
,homeland ,security ,act of #bjjb 7#f   
,u4,s4,c4 #bgi7;g774  #c4 ,references to
 aliens ,with respect to an individual  
who is not a citizen or national of the 
,united ,states1 any reference in this  
,act to a noncitizen shall be deemed to 
refer to an individual otherwise        
described as an alien in any ,federal   
law1 ,federal regulation1 or any written
 instrument issued by the executive     
branch of the ,government4  #d4         
,improving immigration court efficiency 
and reducing costs by increasing access 
to legal information  7a7 ,definitions  
,section #aja7;a7 of the ,immigration   
and ,nationality ,act 7#h ,u4,s4,c4     
#aaja7;a77 is amended by adding at the  
end the following3  7#ec7 ,the term     
noncitizen means an individual who is   
not a citizen or national of the ,united

 ,states4  7#ed7 ,the term unaccompanied
 child has the meaning given the term   
unaccompanied alien child in section    
#dfb7;g7 of the ,homeland ,security ,act
 of #bjjb 7#f ,u4,s4,c4 #bgi7;g774  4   
7b7 ,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 the matter    
preceding subparagraph 7,a71 by striking
 under regulations of the ,attorney     
,general and inserting under regulations
 of the ,attorney ,general1 or in the   
case of an unaccompanied child1 under   
regulations of the ,secretary of ,health
 and ,human ,services2  7,b7 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,c7 by     
redesignating subparagraphs 7,b7 and    
7,c7 as subparagraphs 7,d7 and 7,e71    

respectively2  7,d7 by inserting after  
subparagraph 7,a7 the following3  7,b7  
the ,attorney ,general1 or in the case  
of an unaccompanied child1 the          
,secretary of ,health and ,human        
,services1 may appoint or provide       
counsel1 at ,government expense1 to     
noncitizens in immigration proceedings2 
7,c7 the noncitizen1 or the noncitizen's
 counsel1 not later than #g days after  
receiving a notice to appear under      
section #bci7;a71 shall receive a       
complete copy of the noncitizen'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,e7 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 noncitizen required documents  
,a removal proceeding may not proceed   

until the noncitizen1 or the            
noncitizen's counsel if the noncitizen  
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 documents1 unless the noncitizen or
 the noncitizen's counsel expressly     
waives such review period4  4  7c7      
,clarification regarding the authority  
of the ,federal ,government ,to appoint 
counsel to noncitizens 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 ,in  
any removal proceeding before the       
,attorney ,general1 an appeal from such 
a removal proceeding1 and any related   
matter before the ,department of        
,homeland ,security or a ,state court1  
an unaccompanied child shall have the   
privilege of being represented by such  
counsel as may be authorized to practice

 in such proceeding or matter 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
 children  7#a7 ,in general ,in any     
removal proceeding before the ,attorney 
,general1 an appeal from such a removal 
proceeding1 and any related matter      
before the ,department of ,homeland     
,security or a ,state court1 an         
unaccompanied child shall be represented
 by counsel appointed or provided by the
 ,secretary of ,health and ,human       
,services1 at ,government expense1      
unless the child has obtained at his or 
her own expense counsel authorized to   
practice in such proceeding or matter4  
7#b7 ,timing ,the ,secretary of ,health 
and ,human ,services shall appoint or   
provide counsel to an unaccompanied     
child under paragraph 7#a7 as           
expeditiously as possible after the     
earlier of-- 7,a7 the date on which a   
,notice to ,appear for removal          

proceedings is issued to the            
unaccompanied child1 regardless of      
whether the ,notice to ,appear has been 
filed with an immigration court2 or     
7,b7 the date on which the unaccompanied
 child is placed in the custody of the  
,secretary of ,health and ,human        
,services4  7#c7 ,length of             
representation ,an unaccompanied child  
shall be represented by counsel under   
paragraph 7#a7 at every stage of the    
proceedings1 beginning with the         
unaccompanied child's initial appearance
 before an official with adjudicatory   
authority in removal proceedings or in  
related matters before the ,department  
of ,homeland ,security or a ,state      
court1 through the termination of       
immigration proceedings and resolution  
of any related matter before the        
,department of ,homeland ,security or a 
,state court1 even if the child attains 
#ah years of age or is reunified with a 
parent or legal guardian while the      
proceedings are pending4  7#d7          

,continuity in representation ,if       
counsel retained by an unaccompanied    
child at his or her own expense ceases  
representing the child for any reason1  
the ,secretary of ,health and ,human    
,services shall ensure continued        
representation of the child by          
appointing or providing new counsel as  
expeditiously as possible4  7#e7 ,notice
 ,not later than #gb hours after an     
unaccompanied child is taken into       
,federal custody1 the child shall be    
notified that he or she will be provided
 with legal counsel in accordance with  
this subsection4  7#f7 ,within detention
 facilities ,the ,secretary of ,homeland
 ,security shall ensure that            
unaccompanied 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        
,secretary of ,health and ,human        
,services shall make every effort to use
 the services of competent counsel who  

agree to provide representation to such 
children under subsection 7b7 without   
charge to the child4  7#b7 ,development 
of necessary infrastructures and systems
 ,the ,secretary of ,health and ,human  
,services shall establish the necessary 
infrastructure and systems for the      
appropriate identification1 recruitment1
 training1 and oversight of counsel     
available to provide assistance and     
representation to unaccompanied children
 under subsection 7b7 without charge to 
the child4  7d7 ,model guidelines on    
legal representation of children  7#a7  
,development of guidelines ,the         
,director of the ,office of ,refugee    
,resettlement1 in consultation with the 
,director of the ,executive ,office for 
,immigration ,review1 the ,secretary of 
,homeland ,security1 and nongovernmental
 stakeholders with relevant expertise in
 providing immigration-related legal    
services to children1 shall develop     
model guidelines for the legal          
representation of unaccompanied children

 in immigration proceedings1 which shall
 be based on--  7,a7 the #bjah report of
 the ,american ,bar ,association        
entitled ,standards for the ,custody1   
,placement and ,care2 ,legal            
,representation2 and ,adjudication of   
,unaccompanied ,alien ,children in the  
,united ,states2  7,b7 the ,american    
,bar ,association ,model ,rules of      
,professional ,conduct2 and  7,c7 any   
other source the ,director of the       
,office of ,refugee ,resettlement       
considers appropriate4  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 immigration
 proceeding in which the child is       
involved4  7e7 ,duties of counsel ,the  
duties of counsel appointed or provided 
under this section shall include-- 7#a7 

representing the unaccompanied alien    
child concerned--  7,a7 in all          
proceedings and matters relating to the 
immigration status of the child2 and    
7,b7 with respect to any other action   
involving the ,department of ,homeland  
,security2  7#b7 appearing in person for
 each of the child's-- 7,a7 individual  
merits hearings and master calendar     
hearings before the ,executive ,office  
for ,immigration ,review2 and  7,b7     
interviews involving the ,department of 
,homeland ,security2  7#c7 owing the    
same duties of undivided loyalty1       
confidentiality1 and competent          
representation to the child as is due to
 an adult client2  7#d7 advocating for  
the child's legal interests1 as directed
 by the child's express wishes2  7#e7 in
 the case of a child who does not       
express the objectives of               
representation1 or is found incompetent1
 referring the child for the appointment
 of an independent child advocate1 as   
described in section #bce7;c77#f7 of the

 ,william ,wilberforce ,trafficking     
,victims ,protection ,reauthorization   
,act of #bjjh 7#h ,u4,s4,c4             
#abcb7;c77#f772 and  7#f7 carrying out  
other such duties as may be prescribed  
by the ,secretary of ,health and ,human 
,services or the ,director of the       
,executive ,office for ,immigration     
,review4  7f7 ,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 ,secretary of ,health  
and ,human ,services 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  #e4 ,access by  
counsel to ,department of ,homeland     
,security facilities ,the ,secretary of 
,homeland ,security shall provide access
 to counsel for all noncitizens detained
 in-- 7#a7 a facility under the         
supervision of ,u4,s4 ,immigration and  
,customs ,enforcement or ,u4,s4 ,customs
 and ,border ,protection2 or  7#b7 a    
private facility that contracts with the
 ,department of ,homeland ,security to  
house1 detain1 or hold noncitizens4  #f4
 ,report on access to counsel  7a7      
,report ,not later than ,december #ca of
 each year1 the ,secretary of ,health   
and ,human ,services1 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 the ,secretary has provided      
counsel for unaccompanied children as   

described in subsection 7b7 of section  
#bib of the ,immigration and            
,nationality ,act1 as amended by section
 #d7;c74  7b7 ,contents ,each report    
submitted under paragraph 7a7 shall     
include1 for the immediately preceding  
#a-year period-- 7#a7 the number and    
percentage of unaccompanied children    
described in subsection 7b7 of section  
#bib of the ,immigration and            
,nationality ,act1 as amended by section
 #d7;c71 who were represented by        
counsel1 including information          
specifying--  7,a7 the stage of the     
legal process at which representation of
 each such child commenced2  7,b7       
whether each such child was in          
government custody on the date on which 
such representation commenced2 and  7,c7
 the nationality and ages of such       
children2  7#b7 the number and          
percentage of children who received     
,know ,your ,rights presentations or    
legal screenings1 including the         
nationality and ages of such children2  

and  7#c7 a description of the          
mechanisms used under subsection 7b7 of 
section #bib of the ,immigration and    
,nationality ,act1 as added by section  
#d7;c71 for identifying1 recruiting1 and
 training pro bono counsel to represent 
unaccompanied children4  #g4 ,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       
unaccompanied children entitled to      
appointment of counsel ,if the          
,secretary of ,health and ,human        
,services fails to appoint or provide   
counsel for an unaccompanied child under
 section #bib7;b7-- 7,i7 the limitations
 under this paragraph with respect to   
the filing of a motion to reopen by such
 child shall not apply2 and  7,,ii7 the 
filing of such a motion shall stay the  
removal of the child4  4  #h4           
,authorization of appropriations  7a7   
,in general ,there is authorized to be  

appropriated to the ,office of ,refugee 
,resettlement 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