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S. 901 117th Congress Senate

FAIR Proceedings Act

Official title: A bill to provide access to counsel for children and other vulnerable populations.

Introduced: March 23, 2021 Introduced by: Kirsten E. Gillibrand Democratic · New York See on congress.gov
Immigration Administrative law and regulatory proceduresAdministrative remediesBorder security and unlawful immigrationChild safety and welfare
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Congressional oversightCrime victimsDepartment of Health and Human ServicesDepartment of Homeland SecurityDepartment of JusticeDetention of personsDisability and paralysisImmigration status and proceduresJudicial procedure and administrationLawyers and legal servicesPoverty and welfare assistanceSpecialized courts
This bill died when the 117th Congress ended
It never became law before the 117th Congress (2021–2022) adjourned, and bills don't carry over to the next Congress. It would have to be reintroduced. You can still save it for reference, but it won't receive updates.
 Everywhere this bill has been 2 steps
Introduced
In committee
Reported out
Passed House
Passed Senate
To President
Became law
Mar 23, 2021
Read twice and referred to the Committee on the Judiciary.
Mar 23, 2021
Introduced in Senate
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 Latest action March 23, 2021

Read twice and referred to the Committee on the Judiciary.

 Plain-English summary Congressional Research Service

Funding Attorneys for Indigent Removal Proceedings Act or the FAIR Proceedings Act

This bill expands access to counsel for aliens in immigration proceedings and provides for protections related to such proceedings.

An alien shall have the privilege of being represented by counsel in any immigration proceeding, whereas currently this privilege is statutorily provided for only in removal proceedings.

Similarly, the Department of Justice (DOJ) may provide counsel at government expense to aliens in any immigration proceeding, whereas currently DOJ is statutorily authorized to provide counsel to aliens only in removal proceedings and at no expense to the government.

Under this bill, DOJ shall provide counsel to children and vulnerable individuals in such proceedings, at government expense if necessary. If DOJ fails to do so, certain limits on filing a motion to reopen removal proceedings (such as the time limit for filing) shall not apply, and the alien's removal shall be stayed upon the motion's filing.

The Department of Homeland Security (DHS) shall provide each alien, generally at the beginning of proceedings, a complete copy of the alien's case file in DHS possession, unless the alien waives this right in writing. Failure to provide such documents shall delay the alien's removal proceeding.

DHS shall facilitate for all detained aliens access to counsel and programs that inform such aliens of their immigration-related rights and obligations.

 Related & companion bills 2
 Bill text 1 version

Source documents hosted by congress.gov.

 Committees of jurisdiction 1
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APA
U.S. Congress. (2026). S. 901: FAIR Proceedings Act. 117th Congress. Open America. https://openamerica.io/bill/117-S-901/
MLA
"S. 901: FAIR Proceedings Act." 117th Congress, 2026, Open America, https://openamerica.io/bill/117-S-901/.
Bluebook (legal)
S. 901, 117th Cong. (2026), https://openamerica.io/bill/117-S-901/.
Markdown link
[S. 901: FAIR Proceedings Act](https://openamerica.io/bill/117-S-901/)
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