Fair Day in Court for Kids Act of 2026
Jun 11, 2026
Introduced: Jun 11, 2026
Jun 11, 2026
Introduced: Jun 11, 2026
Summary
Requires the government to appoint a lawyer for any child who arrives in the U.S. alone to help them with their immigration case.
What problem does this solve?
Children who come to the U.S. alone must navigate a very complex immigration system without legal help. This bill solves the problem by giving these children a lawyer, paid for by the government, to make sure their case is heard fairly.
What does this bill do?
Mandatory legal counsel for unaccompanied children
Requires the Secretary of Health and Human Services to appoint a lawyer, at government expense, for every unaccompanied child in immigration removal proceedings.
Reference
Text:
Section:
Sec. 4(b)(1)(D)
Header:
Appointment of counsel in removal proceedings; right To review certain documents in removal proceedings
Guarantees access to immigration files
Ensures a noncitizen or their lawyer receives a complete copy of their immigration file (A-file) within 7 days of getting a notice to appear in court.
Pauses proceedings for document review
Stops removal proceedings from moving forward until the child or their lawyer has received their immigration file and has been given at least 10 days to review it.
Representation lasts for the entire case
Ensures a child's lawyer will represent them through all stages of their immigration case, even if the child turns 18 or is reunited with a parent while the case is ongoing.
Reference
Text:
Section:
Sec. 7
Header:
Special rule for unaccompanied children entitled to appointment of counsel
Allows cases to be reopened if no lawyer was provided
Allows a child who did not receive a government-appointed lawyer to file a motion to reopen their case at any time, and stops their removal while the motion is considered.
Requires annual reports to Congress
Requires the Secretary of Health and Human Services to submit a yearly report to Congress detailing how many unaccompanied children were provided with lawyers.
Reference
Text:
Section:
Sec. 5
Header:
Access by counsel to Department of Homeland Security facilities
Guarantees lawyers access to detention facilities
Requires the Department of Homeland Security to ensure that lawyers can access their clients inside all detention, holding, and border facilities.
Who does this affect?
- Unaccompanied noncitizen children
- Department of Health and Human Services
- Immigration attorneys
What is the real world impact?
•
Ensures fair legal proceedings for children
Provides unaccompanied children, who are unable to represent themselves, with a lawyer to navigate the complex immigration legal system. This increases the chance that they will receive a fair hearing and that their legal rights will be protected.
•
Improves court efficiency
Giving children lawyers can make immigration court run more smoothly. Lawyers know the rules and can present cases clearly, which can help judges make decisions faster and reduce backlogs in the court system.
When does this start?
This bill would go into effect as soon as it is signed into law, and it sets several deadlines for actions that must be taken once a child is in federal custody.
Notification of right to counsel
Within 72 hours of being taken into federal custody, an unaccompanied child must be told that they will be provided with a lawyer.
Delivery of immigration file
Within 7 days of receiving a notice to appear in court, the child or their lawyer must be given a complete copy of the child's immigration file.
Annual report to Congress
By December 31 of each year, the Secretary of Health and Human Services must submit a report to Congress on the program.