Fairness to Freedom Act of 2026

Key Points

• The bill creates a legal right to a government-paid lawyer for people facing deportation who cannot afford one. Currently, people in immigration court have no right to a free lawyer the way they do in criminal court. This covers anyone whose family income is not more than 200% of the poverty line.
• Legal help starts fast. For someone detained, a lawyer must be appointed within 24 hours of being taken into custody, and a case cannot even begin until counsel is assigned.
• A new independent nonprofit, the Office of Immigration Representation, would run the program nationwide. It would operate separately from the agencies that enforce immigration law and would set up immigration public defender offices across the country.
• Cases cannot move forward until a lawyer is appointed, and the government must hand over all relevant documents at least 10 days before a proceeding starts so the person can prepare a defense. If the government fails to provide counsel, the proceeding is terminated with prejudice.
• Funding for defense is tied to enforcement spending. Each year the new office must get at least a set share of what the government spends on immigration enforcement and prosecution, calculated through a prosecution-defense ratio.
• Applying for or receiving a free lawyer under this program cannot be used against a person as evidence they might become a public charge, protecting their immigration status from being harmed by seeking help.