FAIR Act
- Bill Number
- H.R. 6149
- Origin Chamber
- House
- Congress
- 119th Congress, Session 1
- Policy Area
- Immigration
- Status
- Introduced
- Latest Action
- 2025-11-19: Referred to the House Committee on the Judiciary.
- Last Updated
- 2026-06-04T08:08:34Z
AI-Generated Summary
Purpose
The Fairness and Access for Immigrant Rights Act (FAIR Act), H.R. 6149, aims to ensure that individuals detained in U.S. immigration detention centers can access "constituent services" from their congressional representatives. These services involve assistance from elected officials in addressing detainee concerns, such as casework related to immigration proceedings. The bill seeks to promote fairness and transparency by mandating access to forms, information, and communication tools for detainees.
Key Provisions
- Access to Forms: Within 90 days of the bill's enactment, detainees can request the Department of Homeland Security's (DHS) Privacy Waiver Authorizing Disclosure to a Third Party (ICE Form 60-001 or successor) and a Congressional Privacy Release Form. These must be provided in the detainee's spoken language upon written request to the detention center.
- Handbook and Notification: Within 24 hours of arrival, detention centers must give detainees the ICE National Detainee Handbook and the facility-specific handbook, available in their language or orally interpreted by a professional interpreter if requested. The national handbook includes a section on "Congressional Constituent Services," explaining how to access forms, send them to a Member of Congress or third-party helper, and file complaints for non-compliance.
- Notification to Congress: Within 7 days of a detainee's request, the detention center must electronically notify the relevant congressional office (based on the detainee's last known residence) and provide a copy of the privacy release form.
- Communication Tools: Detention centers must allow detainees access to computers, email, printing, copying, writing materials, and paper to maintain contact with congressional offices or third-party assistants during their case.
- Enforcement Mechanisms: If forms are not provided within 30 days or other violations occur, detainees or third parties can file complaints through the center's grievance process or bring a civil lawsuit in U.S. district court against the violating agency for appropriate relief (e.g., remedies or damages). Interpreters must be provided for complaints if forms are not in the detainee's language.
- Implementation Timeline:
- DHS must issue implementing regulations within 180 days of enactment.
- DHS must notify all detention centers of the rules and complaint process within 270 days.
- Provisions take effect 90 days after enactment.
- Definitions: A "congressional office" refers to the office of the representative for the detainee's last known residence district or that of a requesting third party.
Significant Changes to Existing Law
This bill amends Section 236 of the Immigration and Nationality Act (INA), which governs the detention of non-citizens during immigration proceedings, by adding a new subsection (g) on constituent services. Previously, the INA did not explicitly require detention centers to facilitate access to congressional assistance, provide multilingual handbooks with this information, or ensure tools for ongoing communication. It introduces mandatory timelines, enforcement via civil actions, and DHS oversight, filling gaps in detainee rights to external advocacy.
Potential Impacts
- On Government Agencies: DHS and Immigration and Customs Enforcement (ICE) will face new administrative burdens, including rulemaking, staff training, form distribution, and compliance monitoring. Detention centers (often privately run but under federal oversight) must upgrade facilities for language access and communication tools, potentially increasing operational costs.
- On Citizens and Detainees: Non-citizen detainees (who may include lawful residents or asylum seekers) gain clearer pathways to congressional help, which could expedite case resolutions, reduce isolation, and improve awareness of rights. U.S. citizens acting as third-party advocates (e.g., family or community members) will have formalized roles in supporting detainees.
- On International Relations: By enhancing detainee access to services and addressing potential grievances, the bill could improve the U.S. reputation for humane treatment in immigration detention, positively affecting diplomatic discussions on human rights and migration with other countries.
Main Stakeholders Affected
- Immigration Detainees: Primary beneficiaries, as they gain direct access to advocacy tools and services.
- Congressional Offices: Must respond to notifications and handle increased casework from detainees in their districts.
- DHS, ICE, and Detention Centers: Responsible for implementation, compliance, and potential litigation risks.
- Third-Party Individuals: Such as family, advocates, or non-profits, who can assist detainees and use enforcement options.
- U.S. Courts: May see more civil actions related to detention violations.
Notable Legal, Constitutional, or Political Implications
- Legal Implications: Introduces a private right of action (civil lawsuits) for violations, which could lead to court oversight of detention practices and set precedents for detainee access to external support. It builds on existing INA requirements for basic rights but adds enforceable specifics on communication and privacy waivers.
- Constitutional Implications: Supports due process under the Fifth Amendment by ensuring detainees can seek governmental assistance without undue barriers, potentially aligning with First Amendment rights to petition the government. It avoids mandating outcomes from congressional offices, focusing instead on access.
- Political Implications: The bill emphasizes equity in the immigration system, potentially bridging partisan divides by framing constituent services as a non-partisan duty of representatives. As introduced by Democratic members, it highlights ongoing debates over detention conditions but remains focused on procedural fairness without altering core immigration enforcement.
This summary was generated by AI and may contain inaccuracies. Refer to the official source document for the authoritative text.
Sponsor
Cosponsors (19)
Rep. Jacobs, Sara [D-CA-51], Rep. Espaillat, Adriano [D-NY-13], Rep. Salazar, Maria Elvira [R-FL-27], Rep. Moulton, Seth [D-MA-6], Rep. Tlaib, Rashida [D-MI-12], Rep. Ross, Deborah K. [D-NC-2], Rep. Clarke, Yvette D. [D-NY-9], Rep. Tonko, Paul [D-NY-20], Rep. Johnson, Henry C. "Hank" [D-GA-4], Rep. Smith, Adam [D-WA-9], Rep. Neguse, Joe [D-CO-2], Rep. Davids, Sharice [D-KS-3], Rep. Cisneros, Gilbert Ray [D-CA-31], Del. Norton, Eleanor Holmes [D-DC-At Large], Rep. Craig, Angie [D-MN-2], Rep. Underwood, Lauren [D-IL-14], Rep. García, Jesús G. "Chuy" [D-IL-4], Rep. Vargas, Juan [D-CA-52], Rep. Thanedar, Shri [D-MI-13]
Recent Actions
- 2025-11-19: Referred to the House Committee on the Judiciary.
- 2025-11-19: Introduced in House
- 2025-11-19: Introduced in House
Bill Versions
- Fairness and Access for Immigrant Rights Act — issued 2025-11-19 — PDF (5 pages)