Fair Day in Court for Kids Act of 2021
Latest action. Read twice and referred to the Committee on the Judiciary. (Sponsor introductory remarks on measure: continuing resolutionA stopgap law funding the government at existing levels when the annual appropriations bills are not done by October 1.Read the full definition (opens a new tab) S7463)
Fair Day in Court for Kids Act of 2021
This bill provides legal protections for a noncitizen (i.e., an individual referred to as an alien in 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 noncitizens 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 deadline for filing a motion to reopen a 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 noncitizen's immigration file to the noncitizen (or the noncitizen'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 noncitizens.
The bill authorizes HHS to enter into contacts or award grants for providing immigration-related legal services to children. The Office of Refugee Resettlement must develop model guidelines for representing noncitizen children in immigration proceedings.
Written by analysts at the Congressional Research Service and published on Congress.gov, not by Civibrief. Summarized at the "Introduced in Senate" stage on October 28, 2021. It describes the bill, it is not the legal text.
Where is it in the process, and what happens next?
4 steps remain before this bill could become law.
The record's latest action, on October 28, 2021: Read twice and referred to the Committee on the Judiciary. (Sponsor introductory remarks on measure: CR S7463)
- Clearing the committees it was referred to, and being scheduled for a floor vote
- Passage by the Senate
- Passage by the House
- The President's signature. If the President vetoes it, two-thirds of both chambers must vote to override.
How likely is it to become law?
Civibrief does not forecast outcomes and this page has no opinion about this one. What the record supports is a base rate, which is a fact about the whole pile, not a prediction about this measure.
In the 117th Congress (2021-22), 362 of the 15,242 bills and joint resolutions introduced became law, about 2.4 percent. That count covers every measure at every stage, including the many that never left committee.
This one is not there yet: 4 steps are still outstanding, listed above.
Has anyone actually voted on it?
No. No roll call in this Congress cites this measure. That is the ordinary outcome: most measures never reach a recorded floor vote, and a committee ends most of them simply by not acting.
A vote is not the only thing that happens to a measure. Hearings, markups, and referrals are all recorded actions, and none of them is a vote of the full chamber.
Who is behind it?
Mazie Hirono (D-HI) introduced it on October 28, 2021, and 30 members have since signed on as cosponsors.
They are 29 Democrats, 1 independent.
Cosponsoring is a formal signature on the text. It is not a commitment to vote for the measure, it does not bind anyone's party, and a long list of cosponsors is a measure of attention rather than of prospects.
How long has it been in play?
It was introduced on October 28, 2021, 1778 days ago. The most recent recorded action was 1778 days ago, on October 28, 2021.
Measures do not carry over. Anything the 117th Congress has not finished by January 3, 2023 dies when the term ends, and has to be introduced again from the start in the next Congress.
Every answer above is assembled from this measure's own record on Congress.gov and from published counts of what Congress has passed before. Civibrief does not predict outcomes and takes no position on any measure.
Vote history
- SenateIn committee, no floor vote yet
- HouseAwaits Senate passage
- PresidentAwaits both chambers