Kids in Immigration Court Get Mandated, Government-Paid Lawyers Under New Act

The Fair Day in Court for Kids Act of 2025 is all about leveling the playing field for unaccompanied children facing deportation proceedings. It mandates that the government must appoint and pay for a lawyer for every unaccompanied child in removal proceedings, starting the moment they receive a Notice to Appear or enter federal custody, whichever comes first (Sec. 4).

This is a massive shift. Currently, immigration court is civil, meaning there is no guaranteed right to government-funded counsel, even for children. This bill changes that for the most vulnerable group, requiring the Secretary of Health and Human Services (HHS) to provide representation that lasts through every stage of the immigration process, even if the child turns 18 while the case is ongoing (Sec. 4).

The Due Process Upgrade

For anyone caught in the complex web of immigration court, the lack of information is often the biggest hurdle. This legislation tackles that head-on by demanding that the Department of Homeland Security (DHS) hand over a complete copy of the noncitizen’s case file within seven days of the Notice to Appear (Sec. 4).

Even better, the removal hearing cannot even start until the person or their lawyer has received those documents and has had at least 10 days to review them (Sec. 4). Think of it like a mandatory 10-day study period before the final exam. This prevents the government from rushing cases through before the defense has a chance to prepare, a procedural safeguard that could significantly reduce errors and improve case preparation for everyone involved.

Access All Areas for Attorneys

If you’re a lawyer representing a client detained by DHS, getting face time can often be a logistical nightmare. This bill simplifies things by requiring the Secretary of Homeland Security to grant access to lawyers at all detention facilities—whether they are run by ICE, CBP, or a private company under contract with DHS (Sec. 5).

This provision cuts through the red tape that often slows down legal preparation. For the lawyers taking on these cases, it means less time fighting for visitation rights and more time actually preparing the defense, ensuring that the mandated representation is meaningful and timely.

The Cost and The Catch

While the bill is a major win for due process, it comes with a big check attached. The legislation authorizes “such sums as may be necessary” for the Office of Refugee Resettlement (ORR) to fund all the new legal services and systems required (Sec. 8).

“Such sums as may be necessary” is policy-speak for an uncapped spending authorization, meaning the government must pay whatever it costs to fulfill this new legal mandate. While this ensures the program won't be starved of funds, it does place a significant, undefined financial commitment on the federal budget. HHS is also tasked with trying its best to use volunteer (pro bono) lawyers, which sounds good on paper, but if recruitment lags, the cost of hiring paid counsel will fall entirely on the taxpayer.

A Safety Net for Kids

Perhaps the most powerful provision is the safety net built into the system. If the government fails to provide an unaccompanied child with the mandatory lawyer, the normal strict time limits for filing a motion to reopen their removal case are completely wiped out (Sec. 7).

Even more critically, the moment that child files the motion to reopen, their removal (deportation) is automatically put on hold until a judge rules on the motion (Sec. 7). This provision acts as a powerful enforcement mechanism: if the system fails to provide the required legal representation, the child gets a permanent second chance and an immediate stay of removal, holding the government accountable for its new obligation.