H.R.3101 - Securing Help for Immigrants through Education and Legal Development Act; SHIELD Act (119th Congress)
Summary
H.R.3101, the SHIELD Act, authorizes the Attorney General to provide grants to states, local governments, and organizations to support the recruitment, training, and development of staff and infrastructure needed to support the due process rights of individuals facing deportation. The bill emphasizes the lack of government-funded legal representation for those facing deportation and aims to address this gap through workforce development and capacity-building grants.
The Act outlines eligibility criteria for grant recipients, permissible uses of funds, and reporting requirements. It also includes a sense of Congress resolution highlighting the importance of legal counsel in deportation proceedings and the disproportionate impact on Black immigrants.
Finally, the bill authorizes appropriations of $100,000,000 for each of fiscal years 2026 and 2027 to carry out the Act's provisions.
Expected Effects
The SHIELD Act, if enacted, would likely increase access to legal representation for individuals facing deportation proceedings. This could lead to more favorable outcomes for those individuals, such as release on bond or relief from deportation.
It could also stimulate the growth of the immigration legal services field by providing funding for workforce development and infrastructure improvements.
However, the actual impact will depend on the effective implementation of the grant program and the availability of appropriated funds.
Potential Benefits
- Increased access to legal representation for individuals facing deportation.
- Improved due process and fairness in immigration proceedings.
- Potential for more favorable outcomes for individuals facing deportation, such as release on bond or relief from deportation.
- Growth of the immigration legal services field and creation of related jobs.
- Support for state and local governments and organizations providing immigration-related legal services.
Potential Disadvantages
- Potential for misuse of funds by grant recipients, despite accountability measures.
- Increased costs to taxpayers through the appropriation of $100,000,000 for each of fiscal years 2026 and 2027.
- Possible delays or inefficiencies in the implementation of the grant program.
- The Act does not establish a universal right to counsel, but rather provides grants to improve access.
- The effectiveness of the program depends on the quality of the legal services provided and the capacity of the organizations receiving grants.
Most Disadvantaged Areas:
Constitutional Alignment
The SHIELD Act aligns with the spirit of the Fifth Amendment, which guarantees due process of law. By increasing access to legal representation for individuals facing deportation, the Act seeks to ensure that these individuals have a fair opportunity to present their case and protect their rights.
While the Sixth Amendment guarantees the right to counsel in criminal cases, the Supreme Court has not extended this right to deportation proceedings. However, the SHIELD Act attempts to address this gap by providing resources to support legal representation.
The Act's focus on providing grants to states and local governments is consistent with the principles of federalism, as it allows these entities to tailor their legal services to the specific needs of their communities. The Act does not appear to infringe upon any specific constitutional provision.
Impact Assessment: Things You Care About ⓘ
This action has been evaluated across 19 key areas that matter to you. Scores range from 1 (highly disadvantageous) to 5 (highly beneficial).