Without access to legal counsel, judges are nearly 100 times less likely to grant relief to unaccompanied migrant children
WASHINGTON – U.S. Senator John Hickenlooper joined 26 of his Senate colleagues to introduce the Fair Day in Court for Kids Act of 2025 to make sure unaccompanied children have legal counsel in immigration proceedings.
“Access to a lawyer is a cornerstone of our democracy,” said Hickenlooper. “No child should face our legal system alone. It’s wrong and opens the door to abuse and exploitation.”
Unrepresented children who stand alone in immigration court are nearly 100 times less likely to be granted relief than children with counsel. Attorneys also serve as a critical line of defense for unaccompanied children against trafficking and exploitation. As part of the confidential attorney-client relationship, attorneys help discern trafficking indicators among these children, notify local authorities as appropriate, and address immediate safety needs.
This March, the Trump administration terminated funding for core services under the Trafficking Victims Protection Reauthorization Act, which requires the federal government to help unaccompanied children access counsel, and began fast-tracking unaccompanied children into immigration proceedings. Their action will force children as young as toddlers to navigate the immigration system by themselves and put them in danger of trafficking, abuse, and exploitation.
Specifically, this legislation:
- Requires that the Department of Health and Human Services (HHS) provide counsel to noncitizen unaccompanied children appearing before the Department of Justice, Department of Homeland Security (DHS) or a state court, unless the child has obtained counsel at their own expense
- Extends the government’s duty to ensure counsel for unaccompanied children to the end of the immigration proceedings, even if the child turns 18 during proceedings
- Ensures that children are informed of their right to representation within 72 hours and creates infrastructure to identify, recruit, and train pro bono lawyers to provide representation
- Allows unaccompanied children to reopen their cases if HHS fails to provide counsel
- Requires the government and stakeholders to create guidelines and duties for counsel representing unaccompanied children, largely based on American Bar Association recommendations
- Clarifies that the government may, at its choosing, also provide counsel to other individuals in immigration court
- Requires noncitizens, and their attorneys, to receive a complete copy of the noncitizen’s immigration file at least 10 days before the removal proceedings
- Guarantees access to counsel for all noncitizens detained in DHS facilities
- Requires a report on children’s access to counsel
Full text of the bills is available HERE.
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