Fair Day in Court for Kids Act of 2026
- Bill Number
- H.R. 9259
- Origin Chamber
- House
- Congress
- 119th Congress, Session 2
- Policy Area
- Immigration
- Status
- Introduced
- Latest Action
- 2026-06-11: Referred to the Committee on the Judiciary, and in addition to the Committee on the Budget, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
- Last Updated
- 2026-07-01T08:08:29Z
AI-Generated Summary
Purpose This legislation aims to ensure unaccompanied children in U.S. immigration proceedings receive legal representation at government expense, improve access to case information, and enhance overall fairness and efficiency in the immigration court system.
Key Provisions
- Definitions: Establishes clear terms for "noncitizen" (any individual who is not a U.S. citizen or national) and "unaccompanied child" (a minor without a parent or legal guardian in the United States, as defined in existing law).
- Right to Counsel: Amends the Immigration and Nationality Act to require the Department of Health and Human Services (HHS) to appoint or provide counsel for unaccompanied children in removal proceedings, appeals, and related matters at no cost to the child. Representation must begin promptly after a Notice to Appear or placement in HHS custody and continue through all stages, even after the child turns 18 or reunifies with family.
- Document Access: Noncitizens must receive a full copy of their immigration file (A-file) within 7 days of receiving a Notice to Appear, with at least 10 days to review it before proceedings can advance.
- Facility Access: Requires the Department of Homeland Security (DHS) to grant counsel access to all detention, holding, and border facilities.
- Pro Bono and Guidelines: Directs HHS to prioritize pro bono attorneys, develop infrastructure for recruitment and training, and create model guidelines for representing children based on established standards.
- Reporting and Enforcement: Mandates annual reports to Congress on counsel provision, including numbers served, demographics, and mechanisms used. If counsel is not provided, children may file motions to reopen cases without time limits, and removal is stayed.
- Funding: Authorizes appropriations to the Office of Refugee Resettlement for implementation.
Significant Changes to Existing Law
- Removes the prior restriction that counsel must be obtained "at no expense to the Government" for unaccompanied children, shifting responsibility to HHS for appointment and funding.
- Adds new authority for HHS to handle counsel in cases involving unaccompanied children, while retaining general Attorney General oversight.
- Introduces mandatory document disclosure and review periods not previously required in this form.
- Creates a dedicated section on the right to counsel specifically tailored for unaccompanied children, including continuity requirements and protections against gaps in representation.
Potential Impacts
- Government Agencies: Increases operational responsibilities and costs for HHS (Office of Refugee Resettlement), DHS, and the Executive Office for Immigration Review, including facility access, training, and reporting.
- Citizens: May involve taxpayer-funded legal services for noncitizen minors, with potential effects on immigration court backlogs and processing times.
- International Relations: Could influence perceptions of U.S. treatment of migrant children from other countries by standardizing access to legal support during proceedings.
Main Stakeholders Affected
- Unaccompanied children (noncitizen minors arriving without parents or guardians).
- Federal agencies, including HHS, DHS (including Immigration and Customs Enforcement and Customs and Border Protection), and the Department of Justice.
- Immigration attorneys, pro bono organizations, and legal service providers.
- Immigration courts and adjudicators.
Notable Legal, Constitutional, or Political Implications
- Strengthens due process protections by guaranteeing representation for a vulnerable group in civil immigration matters, which are not criminal proceedings.
- Raises questions about government funding obligations in non-criminal cases, consistent with existing interpretations of the right to counsel.
- Includes safeguards against exploitation and emphasizes child-directed advocacy, with referrals for independent advocates when needed.
- Provides enforcement mechanisms, such as stayed removals, to ensure compliance with the new counsel requirements.
This summary was generated by AI and may contain inaccuracies. Refer to the official source document for the authoritative text.
Sponsor
Cosponsors (21)
Rep. Barragán, Nanette Diaz [D-CA-44], Rep. Carbajal, Salud O. [D-CA-24], Rep. Crockett, Jasmine [D-TX-30], Rep. Davis, Danny K. [D-IL-7], Rep. DeGette, Diana [D-CO-1], Rep. DeSaulnier, Mark [D-CA-10], Rep. Garcia, Sylvia R. [D-TX-29], Rep. Goldman, Daniel S. [D-NY-10], Rep. Jacobs, Sara [D-CA-51], Rep. Jackson, Jonathan L. [D-IL-1], Rep. Johnson, Henry C. "Hank" [D-GA-4], Rep. Krishnamoorthi, Raja [D-IL-8], Rep. Simon, Lateefah [D-CA-12], Rep. Dexter, Maxine [D-OR-3], Rep. Ramirez, Delia C. [D-IL-3], Rep. Ansari, Yassamin [D-AZ-3], Del. Norton, Eleanor Holmes [D-DC-At Large], Rep. Foster, Bill [D-IL-11], Rep. Smith, Adam [D-WA-9], Rep. Hoyle, Val T. [D-OR-4], Rep. Lieu, Ted [D-CA-36]
Recent Actions
- 2026-06-11: Referred to the Committee on the Judiciary, and in addition to the Committee on the Budget, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
- 2026-06-11: Referred to the Committee on the Judiciary, and in addition to the Committee on the Budget, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
- 2026-06-11: Introduced in House
- 2026-06-11: Introduced in House
Bill Versions
- Fair Day in Court for Kids Act of 2026 — issued 2026-06-11 — PDF (14 pages)