Fairness to Freedom Act of 2026

What it does

• •Establishes a right to government-funded legal counsel for individuals facing immigration removal proceedings who cannot afford private attorneys.
• •Creates a new Office of Immigration Representation to manage the appointment and compensation of counsel, with local boards in each state or municipality.
• •Requires counsel to be appointed within 24 hours of detention and mandates continuous representation through all stages of proceedings, including appeals.
• •Guarantees access to all government documents related to immigration cases and requires a 10-day review period before proceedings commence.

Why it matters

• •The text establishes that currently individuals in removal proceedings may not have guaranteed access to attorneys, and this bill addresses that by making counsel a right rather than a privilege based on ability to pay.
• •The bill specifies that counsel must advocate with full zeal and diligence on the client's behalf, holding the government to its burden of proof in immigration cases.
• •Financial eligibility is set at 200 percent of the poverty line, making government-funded counsel available to a broad population of low-income individuals facing removal.

Who is affected

• •Individuals facing removal, exclusion, deportation, or expedited removal proceedings under immigration law, as well as those seeking relief from removal or special immigrant status.
• •The Department of Homeland Security, Department of Health and Human Services, U.S. Citizenship and Immigration Services, and immigration courts, which will be required to notify individuals of counsel rights and coordinate appointment.
• •Attorneys and other legal representatives who will be appointed to provide representation and compensated through the new Office of Immigration Representation.

What happens next

The bill was introduced in the Senate on August 6, 2026, read twice, and referred to the Committee on the Judiciary for further consideration.