HR 2697 · 118th Congress 2023–2025, ended

Fairness to Freedom Act of 2023

Latest action · Apr 18, 2023 Referred to the House 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.

  1. IntroducedApr 18, 2023
  2. Passed HouseNot reached
  3. Passed SenateNot reached
  4. To the PresidentNot reached
  5. Became lawNot reached

Summary

Fairness to Freedom Act of 2023

This bill establishes a right to legal representation in certain immigration proceedings (e.g., removal and immigration bond hearings) at the government's expense for individuals who cannot afford representation. The bill also establishes various entities to facilitate such legal representation.

Currently, individuals in these immigration proceedings may be represented by counsel but not at government expense.

The bill addresses various issues related to such legal representation, including (1) the scope of the representation, (2) criteria for determining whether the individual is financially unable to afford representation, and (3) requirements relating to allowing the individual to meet with their lawyer and receiving relevant documents. Immigration proceedings may not commence until counsel has been appointed.

The bill also establishes the Office of Immigration Representation to ensure that qualified individuals who cannot afford legal representation receive the representation as required by this bill. The office's duties shall include establishing (1) administrative regions throughout the United States, and (2) a local immigration representation board for each region.

The local boards must, subject to the office's approval, develop and implement plans for providing legal representation under this bill. To provide such legal representation, the local boards may (1) establish one or more immigrant public defender organizations, (2) contract with existing community defender organizations, and (3) establish a panel attorney system.

The bill establishes minimum funding requirements for the office.

Cosponsors 38

Members who signed on, in the order they did. Signatures ran from Apr 18, 2023 to Nov 13, 2024; 20 are original cosponsors, there from the day it was introduced.

SeatCosponsorSigned on
D-NYAdriano EspaillatOriginalApr 18, 2023
D-ORAndrea SalinasOriginalApr 18, 2023
D-CABarbara LeeOriginalApr 18, 2023
D-DCEleanor Holmes NortonOriginalApr 18, 2023
D-CAGrace F. NapolitanoOriginalApr 18, 2023
D-NYGrace MengOriginalApr 18, 2023
D-TXGreg CasarOriginalApr 18, 2023
D-GAHenry C. "Hank" Johnson, Jr.OriginalApr 18, 2023
D-MAJames P. McGovernOriginalApr 18, 2023
D-ILJanice D. SchakowskyOriginalApr 18, 2023
D-CAJared HuffmanOriginalApr 18, 2023
D-ILJesús G. "Chuy" GarcíaOriginalApr 18, 2023
D-HIJill N. TokudaOriginalApr 18, 2023
D-CANanette Diaz BarragánOriginalApr 18, 2023
D-NYNydia M. VelázquezOriginalApr 18, 2023
D-WAPramila JayapalOriginalApr 18, 2023
D-AZRaúl M. GrijalvaOriginalApr 18, 2023
D-CASara JacobsOriginalApr 18, 2023
D-CATony CárdenasOriginalApr 18, 2023
D-NYYvette D. ClarkeOriginalApr 18, 2023
D-MDC. A. Dutch RuppersbergerMay 23, 2023
D-MNIlhan OmarMay 23, 2023
D-CAJudy ChuMay 23, 2023
D-ILMike QuigleyJun 15, 2023
D-NYDaniel S. GoldmanAug 25, 2023
D-WIMark PocanAug 25, 2023
D-PAMary Gay ScanlonAug 25, 2023
D-CARobert GarciaAug 25, 2023
D-CAJuan VargasSep 12, 2023
D-MIRashida TlaibSep 12, 2023
D-ILDelia C. RamirezNov 2, 2023
D-TXSylvia R. GarciaNov 2, 2023
D-CALinda T. SánchezNov 13, 2023
D-PASummer L. LeeMay 24, 2024
D-TXSheila Jackson LeeJun 4, 2024
D-VTBecca BalintJun 13, 2024
D-CODiana DeGetteJun 25, 2024
D-INAndré CarsonNov 13, 2024

Committees 1

Where it was sent and what each committee and subcommittee did with it, in order.

ChamberCommitteeWhat it did
HouseJudiciary Committee
Referred Apr 18, 2023

Actions 2

Everything that happened, newest first.

  1. Apr 18, 2023Introduced in House
  2. Apr 18, 2023Referred to the House 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.

Constitutional authority

Congress has the power to enact this legislation pursuant to the following: According to Article 1: Section 8: Clause 18: of the United States Constitution, seen below, this bill falls within the Constitutional Authority of the United States Congress. Article 1: Section 8: Clause 18: To make all Laws which shall be necessary and proper for carrying into Execution the foregoing Powers and all other Powers vested by this Constitution in The single subject of this legislation is: Establishes a right to legal representation.

The sponsor’s statement, as printed in the Congressional Record, vol. 169, no. 64, April 18, 2023, page H1847.

Related bills 1

Companion bills and other measures the record links to this one.

BillTitleRelationshipLatest action
S 1187Fairness to Freedom Act of 2023Related billApr 18, 2023

Titles 2

Every title it has carried, official and short, at each stage.

Official Title as Introduced
To establish the right to counsel, at Government expense for those who cannot afford counsel, for people facing removal.
Short Title(s) as Introduced
Fairness to Freedom Act of 2023

Subjects

Assigned by the Library of Congress. Policy area: Immigration.

Text 1

Each version as it was printed, newest first.

  1. Apr 18, 2023Introduced in House

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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.