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Lofgren Introduces Bill to Ensure Unaccompanied Children Have Legal Representation in Immigration Proceedings

 

WASHINGTON, DC – On Thursday, June 11 Congresswoman Zoe Lofgren (CA-18), the only former immigration law professor in Congress, re-introduced The Fair Day in Court for Kids Act of 2026, a bill that would provide unaccompanied children with legal representation during proceedings in immigration courts. Lofgren is joined by 15 original co-sponsors. The Senate companion bill, S. 1297, was introduced by Senator Mazie Hirono (D-HI) and currently has 28 co-sponsors. 


"It's absolutely heartbreaking and nonsensical to see children as young as four years old, unable to speak English, showing up to immigration court to face these complex proceedings alone," Rep. Lofgren said. "These kids can't represent themselves in court. The Trump Administration's move last year to terminate legal services for unaccompanied minors was cruel and not how our immigration system should operate. I'm introducing this bill today to protect these children and provide them the representation they need to navigate our laws."


Immigration judges are nearly 100 times less likely to grant relief to unaccompanied children without counsel compared to those with counsel. In 2025, the Trump Administration terminated a contract to provide legal services for unaccompanied minors, impacting roughly 26,000 children.


Rep. Lofgren previously introduced a version of this bill in 2016 and 2017. The Fair Day in Court for Kids Act of 2026:


    Requires that the U.S. Department of Health and Human Services (HHS) provide counsel to noncitizen unaccompanied children appearing before the U.S. Department of Justice, U.S. Department of Homeland Security (DHS) or a state court, unless the child has obtained counsel at their own expense;

    Extends the government’s duty to ensure counsel for unaccompanied children to the end of the immigration proceedings, even if the child turns 18 during proceedings;

    Ensures that children are informed of their right to representation within 72 hours;

    Creates infrastructure to identify, recruit, and train pro bono lawyers to provide representation.



Originals co-sponsors for the bill include Reps. Nanette Barragán (CA-44), Salud Carbajal (CA-24), Jasmine Crockett (TX-30), Danny Davis (IL-07), Diana DeGette (CO-01), Mark DeSaulnier (CA-10), Maxine Dexter (OR-03), Sylvia Garcia (TX-29), Dan Goldman (NY-10), Sara Jacobs (CA-51), Jonathan Jackson (IL-01), Hank Johnson (GA-04), Raja Krishnamoorthi (IL-08), Delia Ramirez (IL-03), and Lateefah Simon (CA-12).


This legislation is endorsed by more than thirty organizations: Acacia Center for Justice; AFT; Aiding Survivors of Trafficking and Child Abuse; American Immigration Lawyers Association; Asian Americans Advancing Justice (AAJC); Austin Region Justice for Our Neighbors; Ayuda; Center for Law and Social Policy; Children's Rights; Child Welfare League of America; Church World Services The Door - A Center of Alternatives, Inc; End SIJS Backlog Coalition; Friends Committee on National Legislation; Hope Border Institute; Humanitarian Outreach for Migrant Emotional Health (H.O.M.E.); Human Rights First; Immigrant Children Advocates' Relief Effort (ICARE); Journeys End Refugee Services; Kids in Need of Defense; Lawyers for Children; MarksVerde Law, LLC; National Center for Youth Law; Northwest Immigrant Rights Project; OLA of Eastern Long Island; Restoration Immigration Legal Aid; Safe Passage Project; U.S. Committee for Refugees and Immigrants (USCRI); Voices for Utah Children; Young Center for Immigrant Children's Rights; and Youth Law Center. 

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