The Fair Day in Court for Kids Act of 2025 ensures legal representation for unaccompanied children in immigration proceedings, mandates government transparency, and removes barriers to reopening cases due to lack of counsel.
Mazie Hirono
Senator
HI
The Fair Day in Court for Kids Act of 2025 aims to ensure that unaccompanied children have legal representation in immigration proceedings by providing government-funded counsel. It mandates that these children receive complete copies of their immigration files and have sufficient time to review them, and it also requires the Department of Homeland Security to allow counsel access to detained non-citizens. The Act directs the Office of Refugee Resettlement to develop guidelines for legal representation and requires annual reports on the provision of counsel to unaccompanied children. Additionally, it allows unaccompanied children to reopen their immigration cases if they were not provided with appointed counsel, and it authorizes the necessary appropriations for implementation.
New Bill Guarantees Lawyers for Unaccompanied Kids in Immigration Court
This proposed legislation, the "Fair Day in Court for Kids Act of 2025," tackles a specific challenge within the U.S. immigration system: ensuring unaccompanied children facing removal proceedings have legal representation. The core idea is straightforward: kids navigating the complex immigration courts shouldn't have to do it alone. The bill mandates that the government provide lawyers, at its own expense, for these children.
Lawyers on Call for Kids
The biggest change here is the creation of a right to government-appointed counsel for unaccompanied children in immigration matters. Under Section 4 (amending INA Sec. 292), the Secretary of Health and Human Services (HHS) is tasked with appointing or providing a lawyer for any unaccompanied child facing removal proceedings, unless the child already has one. This representation kicks in quickly – ideally soon after a child receives a Notice to Appear (the document initiating deportation proceedings) or is taken into HHS custody. Importantly, this legal help continues throughout the entire process, even if the child turns 18 or is reunited with family. Kids must also be told within 72 hours of being taken into custody that they'll get a lawyer.
Getting the Full Picture
To ensure lawyers can actually build a case, the bill addresses access to information. Section 4 (amending INA Sec. 240(b)) requires the Department of Homeland Security (DHS) to hand over a complete copy of the child's immigration file – think case history, evidence, etc. – within 7 days of the Notice to Appear being issued. The proceedings can't move forward until the child or their lawyer has had at least 10 days to review these documents, ensuring time to prepare. This aims to level the playing field, giving the child's counsel the necessary background to effectively represent them.
Making Sure Lawyers Can Do Their Job
Having a lawyer assigned isn't enough if they can't effectively work. Section 5 explicitly requires DHS to grant lawyers access to children held in ICE, CBP, or contracted detention facilities. Furthermore, Section 4 directs the Office of Refugee Resettlement (ORR) within HHS to develop model guidelines for representing these kids, drawing on standards from the American Bar Association. The goal is to ensure quality representation, covering duties like maintaining confidentiality and advocating for the child's legal interests. HHS is also encouraged to maximize the use of pro bono (volunteer) lawyers and build systems to recruit and train them.
Keeping Tabs and Second Chances
The bill includes mechanisms for oversight and recourse. Section 6 mandates an annual report to Congress detailing how many unaccompanied children received counsel, their nationalities, ages, and how pro bono lawyers are being utilized. This creates transparency around the program's implementation. Additionally, Section 7 provides a crucial safety net: if the government fails to provide the required lawyer to an unaccompanied child, the normal time limits and restrictions on filing a motion to reopen their case are waived. This means a child potentially ordered removed without proper representation gets another chance to have their case heard fairly.