S. 1187: Fairness to Freedom Act of 2023

Fairness to Freedom Act of 2023

This bill establishes a right to legal representation in certain immigration proceedings (e.g., removal and immigration bond hearings) at the government's expense for individuals who cannot afford representation. The bill also establishes various entities to facilitate such legal representation.

Currently, individuals in these immigration proceedings may be represented by counsel but not at government expense.

The bill addresses various issues related to such legal representation, including (1) the scope of the representation, (2) criteria for determining whether the individual is financially unable to afford representation, and (3) requirements relating to allowing the individual to meet with their lawyer and receiving relevant documents. Immigration proceedings may not commence until counsel has been appointed.

The bill also establishes the Office of Immigration Representation to ensure that qualified individuals who cannot afford legal representation receive the representation as required by this bill. The office's duties shall include establishing (1) administrative regions throughout the United States, and (2) a local immigration representation board for each region.

The local boards must, subject to the office's approval, develop and implement plans for providing legal representation under this bill. To provide such legal representation, the local boards may (1) establish one or more immigrant public defender organizations, (2) contract with existing community defender organizations, and (3) establish a panel attorney system.

The bill establishes minimum funding requirements for the office.