Fundamental Immigration Fairness Act
- Bill Number
- H.R. 7456
- Origin Chamber
- House
- Congress
- 119th Congress, Session 2
- Policy Area
- Immigration
- Status
- Introduced
- Latest Action
- 2026-02-09: Referred to the House Committee on the Judiciary.
- Last Updated
- 2026-02-19T16:52:58Z
AI-Generated Summary
Purpose The legislation aims to restrict the pre-removal detention authority of the Department of Homeland Security for certain noncitizens and to protect the privacy of parties involved in immigration proceedings.
Key Provisions
- Prohibits the Secretary of Homeland Security from detaining a noncitizen before a final removal order when the noncitizen is at a Department of Homeland Security field office or an Executive Office for Immigration Review facility, unless the noncitizen is found not to be of good moral character.
- Requires an immigration judge to determine good moral character under existing Immigration and Nationality Act standards.
- Amends the definition of good moral character to clarify that unlawful presence or entry into the United States alone cannot serve as the sole basis for a negative determination.
- Prohibits the public display of names of non-U.S. parties to immigration proceedings outside hearing rooms or in publicly accessible areas of Executive Office for Immigration Review facilities.
Significant Changes to Existing Law
- Introduces a new limitation on detention authority that did not previously exist for noncitizens of good moral character at specified locations.
- Modifies section 101(f) of the Immigration and Nationality Act by adding an explicit restriction on using unlawful presence or entry as the only factor in good moral character determinations.
- Establishes a new privacy rule barring public name displays in immigration proceedings, which is not currently addressed in statute.
Potential Impacts
- Reduces the ability of the Department of Homeland Security to detain certain noncitizens prior to removal proceedings at designated facilities.
- Requires immigration judges to apply the updated good moral character standard in relevant cases.
- Limits public access to party names in immigration hearings, potentially affecting transparency at Executive Office for Immigration Review locations.
- No direct effects on international relations are specified in the bill.
Main Stakeholders Affected
- Noncitizens (referred to as aliens in the bill) subject to immigration proceedings.
- The Department of Homeland Security and its field offices.
- The Executive Office for Immigration Review and immigration judges.
- The Attorney General.
- U.S. government agencies involved in immigration enforcement.
Notable Legal, Constitutional, or Political Implications
- The bill operates within existing statutory frameworks of the Immigration and Nationality Act without altering core constitutional due process rights.
- It shifts decision-making on detention from agency discretion to judicial determination of good moral character in specified circumstances.
- The privacy provision addresses potential public exposure of individuals in administrative proceedings but does not create new enforcement mechanisms.
This summary was generated by AI and may contain inaccuracies. Refer to the official source document for the authoritative text.
Sponsor
Rep. Watson Coleman, Bonnie [D-NJ-12]
Cosponsors (2)
Rep. Pocan, Mark [D-WI-2], Del. Norton, Eleanor Holmes [D-DC-At Large]
Recent Actions
- 2026-02-09: Referred to the House Committee on the Judiciary.
- 2026-02-09: Introduced in House
- 2026-02-09: Introduced in House
Bill Versions
- Fundamental Immigration Fairness Act — issued 2026-02-09 — PDF (3 pages)