Bill · S. 5324· Senate(119-S-5324)
Fairness to Freedom Act of 2026
- Introduced
- 8/6/2026
- Last activity
- 8/6/2026 — Read twice and referred to the Committee on the Judiciary.
- Sponsored by
- Adam Schiff
- Cosponsors
- - 7 - 0
- Introduced
- In Committee
What this bill would do
The Fairness to Freedom Act of 2026 seeks to establish a right to legal counsel at government expense for individuals facing removal or other immigration-related proceedings. This right applies to those who are financially unable to obtain representation. To manage this, the bill creates the Office of Immigration Representation as an independent private nonprofit corporation. This Office would oversee the provision of high-quality legal services through local boards and various types of defenders. The legislation also establishes a system for compensation, reimbursement of expenses, and access to necessary documents. Ultimately, the bill aims to ensure continuous representation throughout all stages of legal proceedings.
Yes· 3 of 4
Would immigrants be better off under this?+10
The bill fundamentally transforms the rights of immigrants by guaranteeing legal counsel at government expense.
Would households on low incomes be better off under this?+9
The bill provides free legal representation specifically for those financially unable to obtain counsel.
Does this protect the right to fair treatment by the courts?+8
The bill establishes a constitutional-style right to counsel for individuals in immigration proceedings, greatly enhancing due process.
The opposite
No question was scored the opposite.
Who it would affect, and how
Potential Positive Impacts for People
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Right to Legal Counsel: Individuals facing removal, exclusion, or deportation proceedings who cannot afford a lawyer will be entitled to government-funded legal representation (Section 101(a)).
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Comprehensive Representation: Legal assistance includes not just lawyers, but also interpretation and translation services, as well as other necessary services for effective representation (Section 101(c)(2)).
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Early Access to Counsel: The right to counsel attaches as soon as an individual is placed in the custody of the Department of Homeland Security or the Department of Health and Human Services, or upon the issuance of a Notice to Appear (Section 101(c)(3)).
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Continuous Support: Representation is designed to be continuous through all stages of proceedings, including various federal courts and the Supreme Court (Section s101(c)(4)).
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Protection Against Public Charge Determinations: Seeking or receiving appointed counsel cannot be used as a basis to determine if an individual is likely to become a public charge (Section 102).
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Access to Information: Individuals and their counsel will automatically receive copies of all pertinent documents and information held by the government, such as the individual's immigration file (Section 101(d)(3)).
Potential Negative Impacts for People
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Potential for Procedural Delays: Proceedings may be suspended until counsel is appointed, and a 10-day restriction is placed on starting proceedings until counsel has received necessary documents, unless a waiver is provided (Section 101(d)(1) and (4)).
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Requirement for Financial Proof: To be eligible for government-appointed counsel, an individual may need to provide a sworn statement regarding their family's income relative to the poverty line (Section 101(d)(2)).
Groups and Interests Ranking
Every group the model scored this bill for, from -10 to +10. Hover a score for the reason it gave.
- Demographic And Interest Groups
- Good For Immigrants+10Good For Low Income Households+9Good For Hispanic Americans+7
- Governance And Ideology
- Improves Due Process+8
- 8/6/2026
- Read twice and referred to the Committee on the Judiciary.
- 8 Cosponsors added.
- Introduced in Senate
3 bills Congress.gov lists as related to this one — companions in the other chamber, earlier versions, and bills this one absorbed or was folded into.
Cory BookerDemocrat · New Jersey
Kirsten GillibrandDemocrat · New York
Edward MarkeyDemocrat · Massachusetts
Jeff MerkleyDemocrat · Oregon
Alex PadillaDemocrat · California
Bernie SandersIndependent · Vermont
Ron WydenDemocrat · Oregon
Elizabeth WarrenDemocrat · Massachusetts