S 1297119th CongressIn Committee

Fair Day in Court for Kids Act of 2025

Introduced: Apr 3, 2025

Standard Summary

Comprehensive overview in 1-2 paragraphs

Fair Day in Court for Kids Act of 2025 would establish a government-funded right to counsel for unaccompanied children in removal proceedings and related matters. The bill shifts responsibility for appointing or providing counsel to the Secretary of Health and Human Services (through the Office of Refugee Resettlement) and requires timely access to the child’s immigration file (A-file), including a 7-day window to review after a Notice to Appear. It codifies ongoing representation for unaccompanied children from the earliest stage of proceedings through resolution, even if the child turns 18 or is reunified with a parent during the case. The act also requires access to counsel inside detention facilities, develops model guidelines for legal representation, promotes pro bono involvement, and establishes annual reporting on implementation and outcomes. In addition, there are special rules to allow a motion to reopen if counsel is not appointed, and it authorizes appropriations to carry out these provisions.

Key Points

1Right to appointed or provided counsel for unaccompanied children in removal proceedings, with counsel appointed by the Secretary of Health and Human Services (ORR) and provided at government expense unless the child obtains private counsel.
2Timely access to a complete A-file: within 7 days after receiving a Notice to Appear, the child or the child’s counsel must receive the full immigration file from DHS, with a 10-day period to review unless waived.
3Comprehensive duties and continuity of representation: counsel must represent the child at all stages of proceedings and related DHS matters, appear in person for hearings/interviews, maintain loyalty and confidentiality, advocate for the child’s interests, and ensure continuity of representation if prior counsel leaves.
4Model guidelines and pro bono infrastructure: ORR, EOIR, DHS, and stakeholders will develop model guidelines drawing on ABA standards to protect children from trafficking-related harm while ensuring fair proceedings; steps to recruit, train, and oversee pro bono counsel.
5Access to counsel in detention facilities and remedies if counsel is not appointed: DHS must allow access to counsel for detained noncitizens; motions to reopen have a special rule allowing filing and stay of removal if the child does not receive court-appointed counsel.

Impact Areas

Primary group/area affected: Unaccompanied children in immigration removal proceedings (and their immediate legal representatives) who would receive government-funded legal counsel and ensured access to their case files.Secondary group/area affected: Department of Homeland Security, Department of Health and Human Services (Office of Refugee Resettlement), immigration courts, and detention facilities; potential pro bono legal services organizations and child advocacy groups.Additional impacts: Increased costs to federal agencies (via ORR and rulemaking), required regulatory updates and training, enhanced data collection and annual reporting on access to counsel, potential improvements in due-process outcomes and case resolution timelines, and a stronger framework to protect children from trafficking-related exploitation within immigration processes.

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