What This Bill Does
The Fair Day in Court for Kids Act of 2026 would require the federal government to provide or appoint legal counsel for unaccompanied children in immigration proceedings, unless the child already has privately retained counsel. It also requires that children and their lawyers receive the child’s immigration file within 7 days of a notice to appear, and that removal proceedings pause until the file is provided and the child has at least 10 days to review it. The bill directs the Secretary of Health and Human Services to build the infrastructure for counsel, and it gives counsel access to DHS detention, holding, and border facilities.
- Requires HHS to appoint or provide counsel for unaccompanied children at government expense.
- Counsel or the child must receive the immigration file within 7 days of the Notice to Appear.
- Removal proceedings cannot continue until the file is provided and there are at least 10 days to review it, unless waived.
- DHS must provide access to counsel in ICE, CBP, and private detention facilities.
- HHS must build systems to recruit, train, and oversee pro bono counsel.
Who This Bill Affects
For families, advocates, and children caught in the immigration system, this bill would create a concrete right to government-funded legal representation for unaccompanied children and require faster access to the child’s immigration file. If you are an unaccompanied child in removal proceedings, or a lawyer, shelter, or detention facility working with one, the bill would likely mean more legal help, more time to prepare, and better access to DHS facilities for attorney visits. For the general public, the main effects would be on how immigration cases involving these children are handled, including potential added federal costs and slower case processing because proceedings cannot continue until the file is provided and reviewed.
See how this bill affects you — sign in for a personalized analysisWho Supports & Opposes This
- Immigration attorneys and child advocates They would argue that children cannot fairly navigate removal proceedings alone, especially when the bill requires a complete A-file within 7 days and at least 10 days to review it before the case can proceed. They would see government-funded counsel as essential to due process and to preventing children from being rushed through a complex legal system.
- Child welfare and refugee service providers They would likely support the bill because it requires representation from the earliest stages and continues it through the end of proceedings, even if the child turns 18 or is reunified with family. That continuity can reduce confusion, missed deadlines, and inconsistent outcomes for vulnerable children.
- Pro bono legal networks They may favor the bill’s explicit push for pro bono representation and the requirement that HHS establish infrastructure for recruitment, training, and oversight. That could expand organized volunteer representation and make it easier to match children with qualified counsel.
- Immigration enforcement officials They may argue that mandatory counsel and document-review delays could slow removal proceedings and add administrative burdens for DHS and immigration courts. They may also object to the requirement that DHS facilities provide access to counsel inside detention, holding, and border facilities.
- Fiscal conservatives They would likely focus on the cost of appointing or providing counsel at government expense and the need for HHS to create new infrastructure and systems. From their perspective, the bill creates a new federal obligation without a clear offsetting savings guarantee.
- Some immigration restriction advocates They may contend that guaranteed counsel and mandatory review periods make it harder to process cases quickly and could encourage more prolonged litigation. They may also object to the bill’s broad representation requirement in removal proceedings and related DHS matters.
Key Implications
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““an unaccompanied child shall be represented by counsel appointed or provided by the Secretary of Health and Human Services””
This creates a federal duty to supply a lawyer for unaccompanied children unless they already have privately retained counsel. In practical terms, it shifts the burden of finding and paying for representation away from the child.
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““receive a complete copy of the noncitizen’s immigration file ... not later than 7 days””
The government would have to turn over the child’s immigration file quickly after a Notice to Appear. That gives the child or lawyer earlier access to the evidence and records being used in the case.
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““A removal proceeding may not proceed until” the documents are received and reviewed”
This is a built-in pause on the case. It could improve fairness by preventing rushed hearings, but it also means proceedings may take longer when the file is not promptly produced.
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““The Secretary of Homeland Security shall ensure that unaccompanied children have access to counsel inside all detention, holding, and border facilities””
Lawyers would have a clearer right to meet children in the places where they are held. That could make it easier to prepare cases and communicate with clients, especially soon after apprehension.
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““establish the necessary infrastructure and systems” for recruitment, training, and oversight”
The bill does not just authorize representation; it requires an administrative support structure. That means HHS would need to build or expand a program to manage counsel quality and availability.
Latest Status
June 11, 2026
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.
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Ask AI about this billData sourced from api.congress.gov.