Congress guarantees lawyers to immigrants facing deportation—at government expense.

What it does

This bill establishes a federal right to government-funded legal counsel for people facing immigration removal proceedings who cannot afford a lawyer. It creates a new independent agency—the Office of Immigration Representation—to manage a nationwide system of public defenders, contract attorneys, and panel lawyers who will represent immigrants at every stage of removal cases, from initial detention through appeals, at no cost to the client.

Why we flagged it

The bill's core mechanism is the creation of a federal public defender system for immigration cases—a straightforward expansion of due-process rights. The title accurately reflects the substance: guaranteeing counsel to those who cannot afford it.

What the text implies

• The bill bars using receipt of appointed counsel as evidence of 'public charge' status in immigration proceedings, preventing the government from using a person's exercise of a legal right against them in future immigration determinations.
• Counsel must be appointed within 24 hours of detention and before any proceeding commences; failure to do so bars statements made by the detainee from evidence and may result in termination of proceedings with prejudice—creating a strong enforcement mechanism.
• The Office is established as a private nonprofit corporation independent of DOJ, DHS, and HHS, insulating it from executive pressure and creating structural separation between the defense function and enforcement agencies.
• Local boards must include at least 50% attorneys with removal-defense experience and must reflect the demographic diversity of the population served, potentially shifting board composition away from traditional law-and-order perspectives.
• The bill requires counsel to provide 'zealous advocacy' consistent with ABA Model Rules and mandates 'manageable caseloads'—language that may constrain the volume of cases assigned and force resource increases if caseloads grow.

Section numbers refer to the bill text the analysis read — linked under Primary records below.

Who it affects

The bill expands a fundamental legal right—access to counsel—to a vulnerable population (immigrants facing deportation) who currently have no guaranteed right to a lawyer at government expense. This strengthens due process, reduces wrongful deportations, and protects people from coercive government action. The cost is borne by taxpayers generally, not by any narrow group.

Who stands to gain

• Immigration defense attorneys (private panel attorneys, public defenders)
• Community-based legal service organizations
• Interpreters and translation services
• Expert witnesses and investigators

Named in the bill

Office of Immigration Representation, Board of Directors, Local Immigration Representation Boards, Immigration Public Defender Organizations, Community Defender Organizations, U.S. Citizenship and Immigration Services, Department of Homeland Security, Department of Health and Human Services, Immigration Courts, Board of Immigration Appeals, U.S. Courts of Appeals, Federal Public Defender System (model)

Where it stands

8 cosponsors: 7 Democrats, 1 Independents.

• Aug 6, 2026 — Introduced · Congress.gov: “Introduced in Senate”
• Aug 6, 2026 — Referred to Senate Committee on the Judiciary · Congress.gov: “Read twice and referred to the Committee on the Judiciary”

Dates and quoted wording are Congress.gov's action record; the timeline shows status changes, not every procedural step.