FAIR Proceedings Act
Latest action · Mar 23, 2021 Read twice and referred to the Committee on the Judiciary.
Progress
Where this bill reached, and when. A stage with no date was not reached; one that failed a vote and later carried shows the date it carried.
- IntroducedMar 23, 2021
- Passed SenateNot reached
- Passed HouseNot reached
- To the PresidentNot reached
- Became lawNot reached
Summary
Funding Attorneys for Indigent Removal Proceedings Act or the FAIR Proceedings Act
This bill expands access to counsel for aliens in immigration proceedings and provides for protections related to such proceedings.
An alien shall have the privilege of being represented by counsel in any immigration proceeding, whereas currently this privilege is statutorily provided for only in removal proceedings.
Similarly, the Department of Justice (DOJ) may provide counsel at government expense to aliens in any immigration proceeding, whereas currently DOJ is statutorily authorized to provide counsel to aliens only in removal proceedings and at no expense to the government.
Under this bill, DOJ shall provide counsel to children and vulnerable individuals in such proceedings, at government expense if necessary. If DOJ fails to do so, certain limits on filing a motion to reopen removal proceedings (such as the time limit for filing) shall not apply, and the alien's removal shall be stayed upon the motion's filing.
The Department of Homeland Security (DHS) shall provide each alien, generally at the beginning of proceedings, a complete copy of the alien's case file in DHS possession, unless the alien waives this right in writing. Failure to provide such documents shall delay the alien's removal proceeding.
DHS shall facilitate for all detained aliens access to counsel and programs that inform such aliens of their immigration-related rights and obligations.
Cosponsors 9
Members who signed on, in the order they did. Signatures ran from Mar 23, 2021 to Mar 25, 2021; 8 are original cosponsors, there from the day it was introduced.
| Seat | Cosponsor | Signed on | |
|---|---|---|---|
| D-CA | Alex Padilla | Original | Mar 23, 2021 |
| D-MN | Amy Klobuchar | Original | Mar 23, 2021 |
| D-NJ | Cory A. Booker | Original | Mar 23, 2021 |
| D-MA | Edward J. Markey | Original | Mar 23, 2021 |
| D-MA | Elizabeth Warren | Original | Mar 23, 2021 |
| D-OR | Jeff Merkley | Original | Mar 23, 2021 |
| D-CT | Richard Blumenthal | Original | Mar 23, 2021 |
| D-VA | Tim Kaine | Original | Mar 23, 2021 |
| I-VT | Bernard Sanders | Mar 25, 2021 |
Committees 1
Where it was sent and what each committee and subcommittee did with it, in order.
| Chamber | Committee | What it did |
|---|---|---|
| Senate | Judiciary Committee | Referred Mar 23, 2021 |
Actions 2
Everything that happened, newest first.
- Mar 23, 2021Introduced in Senate
- Mar 23, 2021Read twice and referred to the Committee on the Judiciary.
Research
What has been written about this bill: committee reports, cost estimates, the sponsor’s authority statement, printed hearings and the Congressional Research Service’s work.
CRS reports 1
Congressional Research Service work that CRS links to this bill or the law it became, newest first.
Cite it 1
Products on other subjects that cite it, usually among other measures.
| Product | Title | Kind | Published |
|---|---|---|---|
| R47077 | U.S. Immigration Courts and the Pending Cases Backlog | Report | Apr 25, 2022 |
Related bills 2
Companion bills and other measures the record links to this one.
| Bill | Title | Relationship | Latest action |
|---|---|---|---|
| S 5353 | Refugee Protection Act of 2022 | Related bill | Dec 21, 2022 |
| HR 9685 | Refugee Protection Act of 2022 | Related bill | Dec 22, 2022 |
Titles 3
Every title it has carried, official and short, at each stage.
- Official Title as Introduced
- A bill to provide access to counsel for children and other vulnerable populations.
- Short Title(s) as Introduced
- FAIR Proceedings Act
- Funding Attorneys for Indigent Removal Proceedings Act
Subjects
Assigned by the Library of Congress. Policy area: Immigration.
- Administrative law and regulatory procedures
- Administrative remedies
- Border security and unlawful immigration
- Child safety and welfare
- Congressional oversight
- Crime victims
- Department of Health and Human Services
- Department of Homeland Security
- Department of Justice
- Detention of persons
- Disability and paralysis
- Immigration
- Immigration status and procedures
- Judicial procedure and administration
- Lawyers and legal services
- Poverty and welfare assistance
- Specialized courts
Text 1
Each version as it was printed, newest first.
- Mar 23, 2021Introduced in Senate
Everything here is as published by Congress: the summary is the Congressional Research Service's, the action wording is the clerks', and the subjects are the Library of Congress's. How far it got is read from the actions themselves, taking the most recent one of each kind, so a bill that failed a vote and later passed is shown as having passed. Records come from this bill on Congress.gov and govinfo.gov; cost estimates are the Congressional Budget Office's, and the hearings are the printed hearings GovInfo publishes, which can appear months after the hearing.
