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HR 9259

Fair Day in Court for Kids Act of 2026

119th Congress Introduced by Yassamin Ansari and 21 co-sponsors

Provides government-funded, rapid, continuous legal counsel for unaccompanied children in removal proceedings, with access to their files and annual reporting.

Introduced in House
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WeVote Research Nonpartisan
Bill Summary · HR 9259

Overview

HR 9259, the Fair Day in Court for Kids Act of 2026, introduced June 11, 2026, aims to strengthen access to legal counsel for unaccompanied immigrant children in removal proceedings and related matters. The bill would authorize government-funded counsel for unaccompanied children, set timing and process requirements for providing documents and counsel, establish model guidelines for representation, require annual reporting on access to counsel, and create procedural protections to safeguard timely adjudication and review.

Purpose and Intent

  • Ensure unaccompanied children have timely, competent, and ongoing legal representation in immigration removal proceedings and related matters.
  • Reduce procedural delays and information gaps by mandating access to the child’s immigration file and Know Your Rights resources.
  • Improve the quality and consistency of legal representation for unaccompanied children through funded counsel, standardized guidelines, and oversight.

Key Provisions

  1. Definitions and References

    • Expands definitions to explicitly include noncitizens and unaccompanied children in relevant sections.
    • Aligns references to noncitizens/aliens consistently across federal law.

  2. Appointment and Access to Counsel (Removal Proceedings)

    • Grants the Attorney General—and, for unaccompanied children, the Secretary of Health and Human Services (HHS)—the authority to appoint or provide government-funded counsel to noncitizens in removal proceedings.
    • Requires counsel to be provided at government expense for unaccompanied children unless the child independently secures authorized counsel.
    • Requires rapid appointment of counsel for unaccompanied children after:
      • Notice to Appear or custody placement, whichever occurs earlier.
    • Ensures representation at all stages of removal proceedings and related matters, including before EOIR, DHS, and state courts, even if the child turns 18 or is reunified with family during proceedings.
    • Mandates continuous representation if a privately retained attorney ceases representing the child, with expeditious replacement.

  3. Access to Case Documents and Review Period

    • Noncitizen or their counsel must receive a complete copy of the A-file within seven days of receiving a notice to appear.
    • A removal proceeding cannot proceed until documents are provided and the noncitizen or counsel has at least 10 days to review, unless waived.

  4. Authority to Appoint Counsel (Noncitizens) Clarified

    • Codifies the right of unaccompanied children to counsel appointed/provided by HHS at government expense, and allows counsel to be provided regardless of prior immigration status complexities.
    • Sets timing and duration for representation as described above.

  5. Model Guidelines for Legal Representation

    • Requires development of model guidelines for representation of unaccompanied children, drawing on:
      • 2018 ABA standards for custody, placement, and legal representation of unaccompanied children
      • ABA Model Rules of Professional Conduct
      • Other appropriate sources
    • Guidelines aim to protect children from individuals involved in trafficking or exploitation and ensure fair proceedings.

  6. Duties of Counsel

    • Counsel must represent the child in all related immigration matters, appear in person at merit and master calendar hearings, and attend DHS interviews.
    • Counsel owes duties of loyalty, confidentiality, and competent representation.
    • If the child does not express objectives or is found incompetent, counsel should refer to an independent child advocate as appropriate.
    • Additional duties may be prescribed by HHS or EOIR.

  7. Access to Detention Facilities

    • DHS must ensure unaccompanied children have access to counsel in detention, holding, and border facilities, including private facilities under contract with DHS.

  8. Annual Reporting

    • An annual report due by December 31 each year detailing:
      • Extent to which unaccompanied children were provided counsel (including stage of representation, custody status, nationality, and age).
      • Number and percentage of children who received Know Your Rights presentations or legal screenings (including nationality and age).
      • Mechanisms used to identify, recruit, and train pro bono counsel.

  9. Motions to Reopen

    • Special rule permitting motions to reopen for unaccompanied children entitled to counsel if HHS fails to appoint/provide it; allows such motion to stay removal.

  10. Appropriations and PAYGO

    • Authorizes necessary appropriations to the Office of Refugee Resettlement to carry out the Act.
    • Requires PAYGO budgetary treatment as applicable and references a PAYGO budgetary Effects statement.

  11. Detention Facility Access and Closed-Loop Provisions

    • Ensures access to counsel for detained noncitizens; concrete implementation details largely covered in earlier sections.

Who is Affected

  • Unaccompanied children who are noncitizens facing removal proceedings, including those in DHS custody or detention facilities and those in state court proceedings related to immigration.
  • The Secretary of Health and Human Services (HHS) responsible for appointing/providing counsel for unaccompanied children.
  • The Attorney General and EOIR (Executive Office for Immigration Review) involved in removal proceedings.
  • DHS and detention facility operators (ICE and CBP), which would need to facilitate counsel access.
  • Agencies overseeing asylum, removal, and related proceedings, plus the Office of Refugee Resettlement and potentially private detention facility operators under contract with DHS.

Procedural and Timeline Aspects

  • Immediate appointment: Counsel for unaccompanied children to be appointed or provided as expeditiously as possible after notice to appear or custody placement.
  • File access: A-file provided within seven days of notice to appear.
  • Review period: At least 10 days for reviewing provided documents, unless waived.
  • Ongoing representation: Continuous through all stages, including after the child turns 18 or is reunified, and even if privately retained counsel ceases.
  • Annual reporting: Due each year by December 31.
  • Motions to reopen: Special rule for when counsel is not appointed, enabling timely relief to prevent removal.
  • Regulatory implementation: DHS/HHS must promulgate implementing regulations consistent with statutory provisions.

Potential Impact

  • Significant expansion of publicly funded legal representation for unaccompanied children in immigration matters.
  • Increased procedural safeguards to ensure children understand and can participate meaningfully in proceedings.
  • Improved consistency and quality of representation through model guidelines and structured duties of counsel.
  • Greater transparency via annual reporting on access to counsel and related services.
  • Possible budgetary implications for HHS (Office of Refugee Resettlement) and related agencies, with PAYGO considerations.

Notes: The bill text emphasizes unaccompanied children, consistency in terminology, and cross-agency coordination to improve access to counsel and fair treatment in immigration proceedings.

Compiled from official sources — confirm details with the bill’s official record.

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