Bill Overview
Title: Funding Attorneys for Indigent Removal (FAIR) Proceedings Act
Description: This bill expands access to counsel for non-U.S. nationals ( aliens under federal law) in immigration proceedings and provides protections related to such proceedings. Such an individual 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 individuals in any immigration proceeding, whereas currently DOJ is statutorily authorized to provide counsel only for 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 individual's removal shall be stayed upon the motion's filing. The bill establishes the Immigration Counsel Account to be used to provide counsel under this bill. A portion of certain immigration fees shall be deposited into the account. The Department of Homeland Security (DHS) shall provide each individual, generally at the beginning of proceedings, a complete copy of the individual's case file in DHS possession, unless the individual waives this right in writing. Failure to provide such documents shall delay the individual's removal proceeding. DHS shall facilitate for all detained individuals access to counsel and programs that inform such individuals of their immigration-related rights and obligations.
Sponsors: Rep. McEachin, A. Donald [D-VA-4]
Target Audience
Population: Non-U.S. nationals in immigration proceedings
Estimated Size: 500000
- The bill expands access to legal counsel for all non-U.S. nationals involved in immigration proceedings, thereby affecting a broad range of immigrant individuals who are subject to such proceedings.
- Immigrants often include families, refugees, children, and other vulnerable groups, all of whom will potentially benefit from enhanced legal support, thus increasing their capacity to navigate immigration laws and proceedings.
- Application of the bill isn't limited to those in removal proceedings, suggesting that the entire spectrum of non-citizens in immigration processes could be impacted.
- The emphasis on providing counsel to children and vulnerable individuals indicates a significant number of minors and other at-risk groups - like refugees and asylum seekers - will be beneficiaries.
- Globally, many millions of individuals migrate annually, but only a portion are in nations like the U.S. that conduct such immigration proceedings, indicating potential beneficiaries in the millions globally, though not necessarily in the tens of millions.
Reasoning
- The FAIR Proceedings Act primarily impacts non-U.S. nationals involved in immigration proceedings, potentially affecting their wellbeing by providing access to legal representation.
- Our population includes a wide range of individuals, including children, vulnerable adults, and families, who may not speak English, understand U.S. laws, or be in financial distress.
- Since the U.S. has a high number of active immigration cases, the policy's budget will need to prioritize the most vulnerable, possibly limiting impact on those in less urgent situations.
- Not all people affected will see a direct change in everyday life; for many, the changes might be seen in greater peace of mind knowing they have access to legal support.
- We considered typical profiles in the U.S. concerning immigration proceedings, including varied age, occupation, and legal statuses, to simulate realistic impacts.
Simulated Interviews
undocumented worker (Houston, TX)
Age: 30 | Gender: female
Wellbeing Before Policy: 4
Duration of Impact: 5.0 years
Commonness: 7/20
Statement of Opinion:
- Having a lawyer would help me understand what might happen to me and my kids. Right now, I feel very lost.
- The fear of being separated from my family keeps me up at night. A lawyer guiding me would offer some hope.
Wellbeing Over Time (With vs Without Policy)
| Year | With Policy | Without Policy |
|---|---|---|
| Year 1 | 6 | 4 |
| Year 2 | 7 | 4 |
| Year 3 | 7 | 5 |
| Year 5 | 8 | 5 |
| Year 10 | 7 | 5 |
| Year 20 | 6 | 4 |
student (New York, NY)
Age: 25 | Gender: male
Wellbeing Before Policy: 7
Duration of Impact: 3.0 years
Commonness: 5/20
Statement of Opinion:
- Access to legal guidance would make it easier for me to understand if and how I can transition from a student visa to a work visa.
- This policy could save me a lot of money on legal fees if I don't have to hire a private attorney.
Wellbeing Over Time (With vs Without Policy)
| Year | With Policy | Without Policy |
|---|---|---|
| Year 1 | 8 | 7 |
| Year 2 | 8 | 7 |
| Year 3 | 7 | 7 |
| Year 5 | 7 | 6 |
| Year 10 | 7 | 6 |
| Year 20 | 7 | 5 |
small business owner (Los Angeles, CA)
Age: 45 | Gender: male
Wellbeing Before Policy: 6
Duration of Impact: 2.0 years
Commonness: 4/20
Statement of Opinion:
- Having a lawyer available to defend my status affected by business mistakes could really change my family's future.
- My current lawyer fees are very high; government-provided counsel could ease my financial stress.
Wellbeing Over Time (With vs Without Policy)
| Year | With Policy | Without Policy |
|---|---|---|
| Year 1 | 6 | 6 |
| Year 2 | 7 | 6 |
| Year 3 | 7 | 6 |
| Year 5 | 7 | 5 |
| Year 10 | 6 | 5 |
| Year 20 | 6 | 5 |
caregiver (Chicago, IL)
Age: 60 | Gender: female
Wellbeing Before Policy: 3
Duration of Impact: 4.0 years
Commonness: 6/20
Statement of Opinion:
- Access to a lawyer is crucial for my asylum process. Without it, I'm at a loss.
- I've been detained for months with no progress. A lawyer could expedite my case.
Wellbeing Over Time (With vs Without Policy)
| Year | With Policy | Without Policy |
|---|---|---|
| Year 1 | 5 | 3 |
| Year 2 | 6 | 3 |
| Year 3 | 7 | 4 |
| Year 5 | 7 | 4 |
| Year 10 | 6 | 4 |
| Year 20 | 6 | 4 |
high school student (Phoenix, AZ)
Age: 20 | Gender: male
Wellbeing Before Policy: 6
Duration of Impact: 5.0 years
Commonness: 5/20
Statement of Opinion:
- Knowing I have a right to legal help makes me more confident about applying for DACA.
- I am worried about what will happen when I turn 21 and could lose protection.
Wellbeing Over Time (With vs Without Policy)
| Year | With Policy | Without Policy |
|---|---|---|
| Year 1 | 7 | 6 |
| Year 2 | 8 | 6 |
| Year 3 | 8 | 6 |
| Year 5 | 8 | 5 |
| Year 10 | 7 | 5 |
| Year 20 | 6 | 5 |
domestic worker (Miami, FL)
Age: 55 | Gender: female
Wellbeing Before Policy: 4
Duration of Impact: 5.0 years
Commonness: 8/20
Statement of Opinion:
- A lawyer for my kids would be a blessing, it might be their only chance.
- Right now, I feel helpless watching them go through this alone.
Wellbeing Over Time (With vs Without Policy)
| Year | With Policy | Without Policy |
|---|---|---|
| Year 1 | 5 | 4 |
| Year 2 | 6 | 4 |
| Year 3 | 6 | 4 |
| Year 5 | 7 | 5 |
| Year 10 | 6 | 4 |
| Year 20 | 5 | 4 |
software engineer (Seattle, WA)
Age: 32 | Gender: male
Wellbeing Before Policy: 8
Duration of Impact: 2.0 years
Commonness: 5/20
Statement of Opinion:
- I'm concerned about the future of my family in the U.S. Legal support could ease this concern.
- Legal processes for extending or changing visas can be confusing without professional help.
Wellbeing Over Time (With vs Without Policy)
| Year | With Policy | Without Policy |
|---|---|---|
| Year 1 | 8 | 8 |
| Year 2 | 8 | 7 |
| Year 3 | 7 | 7 |
| Year 5 | 7 | 7 |
| Year 10 | 7 | 6 |
| Year 20 | 7 | 6 |
nurse (San Diego, CA)
Age: 38 | Gender: female
Wellbeing Before Policy: 6
Duration of Impact: 4.0 years
Commonness: 6/20
Statement of Opinion:
- This policy means I would not need to worry as much about maintaining my status alone.
- With help, I can focus on my children's future instead of legal uncertainties.
Wellbeing Over Time (With vs Without Policy)
| Year | With Policy | Without Policy |
|---|---|---|
| Year 1 | 7 | 6 |
| Year 2 | 7 | 6 |
| Year 3 | 8 | 6 |
| Year 5 | 7 | 6 |
| Year 10 | 6 | 6 |
| Year 20 | 6 | 5 |
construction worker (Dallas, TX)
Age: 28 | Gender: male
Wellbeing Before Policy: 5
Duration of Impact: 4.0 years
Commonness: 7/20
Statement of Opinion:
- Legal assistance would give me a better shot at living without fear of being taken away from my family.
- Without guidance, my family's future in the U.S. seems uncertain.
Wellbeing Over Time (With vs Without Policy)
| Year | With Policy | Without Policy |
|---|---|---|
| Year 1 | 6 | 5 |
| Year 2 | 7 | 5 |
| Year 3 | 7 | 5 |
| Year 5 | 6 | 5 |
| Year 10 | 6 | 4 |
| Year 20 | 5 | 4 |
high school student (Raleigh, NC)
Age: 19 | Gender: female
Wellbeing Before Policy: 4
Duration of Impact: 5.0 years
Commonness: 8/20
Statement of Opinion:
- The policy means that I might finally feel my future in the U.S. is secure.
- My biggest fear is being sent back to Mexico without understanding what happened.
Wellbeing Over Time (With vs Without Policy)
| Year | With Policy | Without Policy |
|---|---|---|
| Year 1 | 6 | 4 |
| Year 2 | 7 | 4 |
| Year 3 | 8 | 5 |
| Year 5 | 7 | 5 |
| Year 10 | 6 | 5 |
| Year 20 | 6 | 5 |
Cost Estimates
Year 1: $500000000 (Low: $400000000, High: $600000000)
Year 2: $520000000 (Low: $410000000, High: $630000000)
Year 3: $540000000 (Low: $420000000, High: $650000000)
Year 5: $560000000 (Low: $440000000, High: $670000000)
Year 10: $600000000 (Low: $480000000, High: $720000000)
Year 100: $800000000 (Low: $640000000, High: $960000000)
Key Considerations
- Establishing legal infrastructure to provide counsel universally in immigration context demands significant upfront investment.
- There might be public and legislative debate on appropriating funds for legal defense of non-citizens, particularly concerning the scope and funding methodology.
- Potential legal challenges and delays could alter initial implementation timelines and costs.
- Depending on real-world application and efficiency, long-term cost impacts could vary significantly.