Fairness to Freedom Act of 2025
Fairness to Freedom Act of 2025 would establish a broad, government-funded right to legal counsel for individuals in removal and related immigration proceedings who cannot afford representation. It amends the Immigration and Nationality Act to guarantee counsel at government expense, and creates a new Office of Immigration Representation (a private nonprofit corporation) to administer and oversee high-quality, subsidized defense services. The law envisions an independent funding and governance structure, including a national Board of Directors and Local Immigration Representation Boards, with appointed immigration defenders, standards for representation, and mechanisms to ensure continued, confidential access to counsel throughout all stages of proceedings (from initial appearances through possible appeals). It also specifies eligibility criteria for receiving counsel, including a 200% of poverty-line income threshold, and provides procedural protections around access to documents and the timing of proceedings. The act also clarifies that seeking or receiving appointed counsel cannot be used to charge an individual as a “public charge” for immigration purposes.
Key Points
- 1Right to counsel guaranteed and expanded: Any individual in removal, exclusion, deportation, bond, or expedited removal proceedings (and related matters) who cannot afford representation is entitled to government-provided legal counsel, with coverage of advocacy, interpretation/translation, and other necessary services.
- 2Comprehensive scope of representation: Counsel must handle a broad range of proceedings, including habeas petitions, relief for Special Immigrant Juvenile Status, relief from removal, post-conviction relief, and related matters tied to an individual’s immigration status, with continuous representation at all stages.
- 3Structure: Establishes the Office of Immigration Representation as a private nonprofit in D.C., operating independently of federal agencies. It creates a 24-member Board of Directors, a Director, Local Immigration Representation Boards, and various types of immigration defenders. It also creates an Immigration Representation Advisory Board to guide appointments and policy.
- 4Access to documents and timely appointment: If counsel is appointed, individuals and their counsel automatically receive a complete copy of DHS/DOJ records and an A-file within seven days; the proceeding may not commence until counsel is appointed and documented materials are reviewed (with a 10-day review period unless waived).
- 5Eligibility and funding: Eligibility is based on financial inability to obtain counsel, defined via a sworn statement and income threshold (up to 200% of the poverty line). The Office is funded through appropriations and private/public support, with rules for compensation, reimbursement, and staffing to ensure effective representation.
- 6Public charge protection: Sec. 102 prohibits using the pursuit or receipt of appointed counsel as evidence that an individual is likely to become a public charge in any immigration or related proceeding.
- 7Local governance and accountability: Local Boards will be established in regions, with substantial participation from applicants and indigent-defense advocates, and with standards for qualifications, diversity, and conflict management. The Board and Local Boards have specified duties, reporting requirements, and oversight provisions to ensure quality, access, and transparency.