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S. 1297: Fair Day in Court for Kids Act of 2025

The Fair Day in Court for Kids Act of 2025 is designed to enhance legal protections and representation for unaccompanied children in immigration proceedings. Here’s a breakdown of the key components of the bill:

Definitions

The bill defines two main terms:

Noncitizen: An individual who is not a citizen or national of the United States.
Unaccompanied child: An individual classified as an unaccompanied alien child under existing laws.

Legal Representation

This legislation mandates the appointment of legal counsel for unaccompanied children in immigration proceedings. Specifically:

Government will provide legal counsel to these children at no cost in the process of removal proceedings.
Counsel must be appointed as quickly as possible after the child is detained or receives a Notice to Appear for removal.
Unaccompanied children will have the right to be represented throughout all stages of their immigration proceedings, even if they turn 18 during the process.

Access to Legal Counsel

The bill ensures that:

Unaccompanied children have access to counsel within detention facilities.
Legal counsel can access all necessary documents and files regarding the child’s immigration status.
Legal representation does not end until all related matters are resolved.

Responsibilities of Counsel

Attorneys appointed or provided under this bill are required to:

Represent the child in all immigration-related matters.
Maintain confidentiality and loyalty to the child.
Advocate for the child’s interests as directed by the child.

Guidelines and Oversight

The legislation directs the establishment of guidelines for the legal representation of unaccompanied children, which should be developed in collaboration with various stakeholders in the legal and immigration fields. These guidelines aim to ensure that children are protected from potential exploitation during the legal process.

Reporting Requirements

The Secretary of Health and Human Services is tasked with producing an annual report detailing:

The percentage of unaccompanied children represented by counsel.
The nature of legal assistance provided to these children and mechanisms for identifying and training pro bono counsel.

Budgetary Considerations

The bill authorizes the allocation of funds necessary for its implementation and stipulates that budgetary impacts will be assessed according to established fiscal procedures.

Impact on Immigration Proceedings

Finally, the act includes provisions that prevent a child’s removal proceedings from advancing until proper legal representation has been secured and the child has had sufficient time to prepare.