S.1297 - Fair Day in Court for Kids Act of 2025 (119th Congress)
Summary
The "Fair Day in Court for Kids Act of 2025" (S.1297) aims to provide legal counsel to unaccompanied children in immigration proceedings. It amends the Immigration and Nationality Act to ensure that unaccompanied children have access to legal representation, access to their immigration files, and opportunities to reopen their cases under certain conditions. The bill also mandates reporting on the provision of counsel and access to Department of Homeland Security facilities for legal representatives.
Expected Effects
The bill would likely increase the efficiency and fairness of immigration proceedings involving unaccompanied children. It would also place additional responsibilities on the Department of Health and Human Services (HHS) and potentially increase government spending to provide legal counsel.
Potential Benefits
- Ensures legal representation for unaccompanied children in immigration proceedings.
- Improves access to legal information and documents for noncitizens.
- Enhances the fairness and efficiency of immigration court proceedings.
- Provides a mechanism for motions to reopen cases where counsel was not provided.
- Mandates reporting on access to counsel, promoting transparency and accountability.
Potential Disadvantages
- Increased government spending to provide legal counsel.
- Potential delays in immigration proceedings due to required document review periods.
- Possible strain on resources within the Department of Health and Human Services.
- Risk of increased litigation related to the implementation of the Act.
- Potential for inconsistent application of the law across different jurisdictions.
Most Disadvantaged Areas:
Constitutional Alignment
The bill aligns with constitutional principles of due process and equal protection under the law, particularly the Fifth Amendment, which guarantees due process to all persons. By providing legal representation to unaccompanied children, the bill seeks to ensure that their rights are protected during immigration proceedings. The Tenth Amendment considerations are minimal, as immigration is primarily a federal responsibility.
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).