H.R.3127 - Fairness to Freedom Act of 2025 (119th Congress)
Summary
H.R.3127, the Fairness to Freedom Act of 2025, aims to establish a right to counsel at government expense for individuals facing removal proceedings who cannot afford legal representation. The bill amends the Immigration and Nationality Act to guarantee and expand the right to counsel in various immigration-related proceedings. It also establishes an Office of Immigration Representation to oversee the provision of these legal services.
Expected Effects
The bill would significantly alter the landscape of immigration proceedings by ensuring legal representation for indigent individuals facing removal. This could lead to more fair and just outcomes in immigration cases. It also creates a new government bureaucracy to manage and fund this representation.
Potential Benefits
- Ensures legal representation for individuals facing removal proceedings who cannot afford it.
- Establishes an Office of Immigration Representation to oversee the provision of legal services.
- Could lead to more fair and just outcomes in immigration cases.
- Provides continuous representation at every stage of proceedings.
- Guarantees access to counsel and pertinent documents.
Potential Disadvantages
- Creates a new government bureaucracy, potentially leading to increased costs and administrative burdens.
- Could strain government resources due to the expense of providing legal representation.
- May lead to delays in immigration proceedings as counsel is appointed.
- Potential for increased litigation and appeals.
- The financial burden on taxpayers could be substantial.
Most Disadvantaged Areas:
Constitutional Alignment
The bill aligns with the Sixth Amendment's guarantee of the right to counsel, although that amendment explicitly applies to criminal prosecutions. The Fifth Amendment's due process clause also supports the idea of fair legal proceedings, which this bill aims to enhance in the context of immigration. However, some may argue that providing government-funded counsel in immigration proceedings stretches the original intent of the Sixth Amendment.
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).