S. 1297 — Fair Day in Court for Kids Act of 2025

This section establishes definitions for purposes of the Act, including (1) "noncitizen" as an individual who is not a citizen or national of the United States, and (2) "unaccompanied child" as having the meaning given "unaccompanied alien child" in section 462(g) of the Homeland Security Act of 2002 (6 U.S.C. 279(g)).

This section provides that, for an individual who is not a U.S. citizen or national, any reference in this Act to a "noncitizen" is deemed to mean an "alien" as described in federal law, regulations, or executive branch instruments.

This section amends the Immigration and Nationality Act (INA) to (1) define "noncitizen" as an individual who is not a U.S. citizen or national and "unaccompanied child" by cross-reference to the Homeland Security Act definition (generally, a child under 18 without lawful immigration status and no available parent or guardian); (2) authorize the Attorney General or, for unaccompanied children, the Secretary of Health and Human Services (HHS), to appoint counsel at government expense in removal proceedings; (3) require provision of the noncitizen's complete immigration file (A-file), excluding protected documents, within seven days of receiving a notice to appear; and (4) prohibit removal proceedings from advancing until the noncitizen receives the A-file and has at least 10 days to review it (unless waived). It further replaces INA §292 to require HHS to appoint or provide counsel at government expense to unaccompanied children in removal proceedings before the Attorney General, appeals therefrom, and related matters before the Department of Homeland Security (DHS) or state courts (unless the child secures private counsel), as expeditiously as possible after issuance of a notice to appear or placement in HHS custody; such representation continues through all stages, including after the child turns 18 or reunites with a parent or guardian. (HHS must provide notice within 72 hours of federal custody, ensure access to counsel in DHS detention facilities, maintain continuity if private counsel withdraws, and prioritize pro bono counsel to the maximum extent practicable.)

This section requires the Secretary of Homeland Security to provide access to counsel for all noncitizens detained in (1) a facility under the supervision of U.S. Immigration and Customs Enforcement or U.S. Customs and Border Protection, or (2) a private facility that contracts with the Department of Homeland Security to house, detain, or hold noncitizens.

This section requires the Secretary of Health and Human Services, in consultation with the Attorney General, to submit an annual report to the Senate and House Judiciary Committees by December 31 on the provision of counsel to unaccompanied children under INA §292(b), as amended by section 4(c). For the prior year, the report must include (1) the number and percentage of such children represented by counsel, specifying the stage of proceedings at which representation commenced, whether the child was in government custody at that time, and their nationality and ages; (2) the number and percentage of children who received Know Your Rights presentations or legal screenings, by nationality and age; and (3) a description of mechanisms for identifying, recruiting, and training pro bono counsel.

This section establishes a special rule in removal proceedings (8 U.S.C. 1229a(c)(7)(C)) for unaccompanied children entitled to appointment of counsel by the Secretary of Health and Human Services under INA §292(b) (i.e., alien children under age 18 without lawful immigration status, parents, or legal guardians in the United States). If the Secretary fails to appoint or provide such counsel, (1) time and numerical limitations on the child's motions to reopen do not apply (e.g., the standard 90-day filing deadline and one-motion limit), and (2) filing such a motion automatically stays the child's removal.

This section authorizes appropriations of such sums as necessary to the Office of Refugee Resettlement to carry out the Act. It further specifies that the budgetary effects of the Act, for purposes of complying with the Statutory Pay-As-You-Go Act of 2010, are determined by reference to the latest statement titled “Budgetary Effects of PAYGO Legislation” submitted for printing in the Congressional Record by the Chairman of the Senate Budget Committee prior to the vote on passage.