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

Fair Day in Court for Kids Act of 2025

This bill provides legal protections for a non-U.S. national (alien under federal law) who is detained or subject to immigration-related proceedings.

The Department of Justice (DOJ), or the Department of Health and Human Services (HHS) in a case involving an unaccompanied child, may appoint or provide counsel at the government's expense to non-U.S. nationals in removal proceedings and related appeals.

An unaccompanied child must be represented by counsel paid for and appointed by the government at every stage of such proceedings unless the child has obtained counsel at their own expense. If HHS fails to provide counsel to an unaccompanied child, the child's deadline for filing a motion to reopen a removal proceeding shall not apply, and the filing of such a motion shall stay the child's removal from the United States.

The Department of Homeland Security (DHS) must provide a complete copy of a non-U.S. national's immigration file to the non-U.S. national (or the non-U.S. national's counsel) within seven days of a notice to appear for an immigration proceeding, and failure to provide the file shall result in a delay in the proceeding.

DHS must provide access to counsel for all detained non-U.S. nationals.

The Office of Refugee Resettlement must develop model guidelines for representing non-U.S. national children in immigration proceedings.

HHS must annually report on the extent to which it has provided counsel for unaccompanied children under this bill.