Fairness to Freedom Act of 2025

Guaranteed Legal Counsel: Individuals facing removal, exclusion, or deportation who cannot afford a lawyer will be entitled to representation at government expense (Section 101(a)).

Protection Against Public Charge Determinations: Seeking or receiving appointed counsel cannot be used as a reason to determine that an individual is likely to become a public charge (Section 102).

Timely Access to Information: Counsel and their clients will automatically receive complete copies of their immigration files and relevant government documents to assist in their defense (Section 101(d)(3)).

Continuous Representation: The bill ensures representation continues through all stages of a proceeding, including appeals to Federal courts and the Supreme Court (Section 101(c)(4)).

Support Services: Legal representation can include necessary services such as interpretation, translation, and other services needed for effective representation (Section 101(c)(2)).

Increased Access for Detained Individuals: The right to counsel attaches as soon as a person is taken into custody by the Department of Homeland Security or the Department of Health and Human Services (Section 101(c)(3)).

Mandatory Pause of Proceedings: If a proceeding has already started without counsel being appointed, the proceeding must be paused until counsel is provided (Section 101(d)(1)).

Strict Waiver Requirements: An individual can only waive their right to appointed counsel if they do so in the physical presence of appointed counsel and demonstrate they have the intelligence and knowledge to conduct their own defense (Section 101(e)(2)).