- Senator Adam Schiff introduced the Fairness to Freedom Act on August 6, 2026.
- The bill establishes a federally funded right to legal counsel for indigent immigrants in proceedings.
- Proposed rules require government coordination to facilitate lawyer access within twelve hours of detention.
Sen. Adam Schiff introduced a bill on August 6, 2026, that would create a federally funded right to legal representation for people who cannot afford counsel in deportation and other immigration proceedings. The measure would cover removal cases, bond hearings, expedited removal and selected U.S. Citizenship and Immigration Services matters.
The Fairness to Freedom Act of 2026 was publicly announced in Schiff’s August 7, 2026 press release. It remains newly introduced and pending in Congress.
The bill would also reach certain state court proceedings and immigration applications involving Temporary Protected Status, U-visas and special immigrant juvenile status. Financial eligibility would determine who could receive federally funded representation.
Schiff said access to counsel is central to the fairness of immigration proceedings. His statement also tied the proposal to the effects of President Trump’s immigration policies.
"Having access to legal counsel during immigration proceedings is essential to fair outcomes, yet beyond the reach of many."
The measure would create a new federal office and require coordination with state and local removal-defense programs. It would also require the government to facilitate access to lawyers within the first 12 hours of detention.
The proposal covers multiple points in the immigration process
The bill’s listed proceedings span immigration court, detention-related hearings, border processing, state courts and certain affirmative applications. Its coverage would include:
| Proceeding or application | Coverage described in the proposal |
|---|---|
| Deportation proceedings | Legal representation for eligible people unable to afford counsel |
| Bond hearings | Counsel in detention-related release proceedings |
| Expedited removal | Representation during expedited removal at the border |
| State court proceedings | Legal representation in covered state court matters |
| USCIS matters | Certain applications, including TPS and U-visas |
The proposal would establish the Office of Immigration Representation. That office would provide and coordinate counsel while working with state- and locally funded removal-defense programs.
The bill’s approach would include full-scope assistance rather than limiting representation to a single appearance. Its proposed 12-hour detention provision sets an early point for access to lawyers.
The current immigration-court baseline generally provides representation at no expense to the government, rather than government-paid counsel in the ordinary case. The proposed program would target people who cannot afford an attorney, leaving income eligibility and implementation rules to shape its operation.
Advocacy groups cite a large unrepresented caseload
Figures circulated in support of the bill describe low representation rates and sharply different outcomes. They are advocacy claims and were not independently verified.
| Measure | Figure cited by supporters |
|---|---|
| People with counsel in completed immigration court cases during fiscal year 2026 | 34% |
| Removal cases pending in immigration court | 3.1 million |
| People in the pending caseload described as unrepresented | 1.6 million, over 50% |
| Removal orders, FY 2016 through 2025, for people without attorneys | 78% |
| Removal orders, FY 2016 through 2025, for people with attorneys | 27% |
| Greater likelihood of legal relief for detained people with counsel | 4.7 times, or 366% |
The 34% figure covers completed immigration court cases during fiscal year 2026 and was described as the lowest rate since 2010. Supporters also say at least 1.6 million people in the pending docket lack representation.
Their figures compare removal orders in cases from FY 2016 through 2025. People without attorneys were ordered removed in 78% of those cases, compared with 27% among people with legal representation.
Supporters further claim that detained people with attorneys are 4.7 times, or 366%, more likely to receive legal relief than those without counsel. The figures form part of the campaign’s argument for federally funded representation.
Torres leads the House companion measure
The Senate cosponsors listed with Schiff are Cory Booker, Alex Padilla, Kirsten Gillibrand, Jeff Merkley, Ron Wyden and Bernie Sanders. Rep. Norma Torres leads the House companion bill, with Reps. Grace Meng, Pramila Jayapal and Robert Garcia listed as supporters.
Torres said people should not face immigration proceedings alone. She also criticized what she described as threats to due process under President Trump’s policies.
"No one should have to go through immigration proceedings alone."
Shayna Kessler, director of the Advancing Universal Representation initiative at the Vera Institute of Justice, said the bill would establish federally funded representation for people facing deportation.
"This is about due process, keeping families together, and ensuring people have their fair day in court."
The Fairness to Freedom campaign is backed by more than 200 organizations and is co-led by the Vera Institute of Justice and the National Partnership for New Americans. The coalition’s support places the bill within a broader campaign for universal representation.
Supporters link the bill to a wider enforcement debate
Schiff’s proposal arrives as supporters point to new federal enforcement spending. The Secure America Act, passed in June 2026, provided $70 billion for Immigration and Customs Enforcement and Customs and Border Protection enforcement.
Advocates compare that funding with $240 billion in total enforcement funding through 2029 under the One Big Beautiful Bill Act and the Secure America Act. They argue that immigration defense lacks a matching federal funding structure.
Schiff separately introduced the Temporary Immigration Judge Integrity Act after the administration’s reported mass firing of permanent immigration judges and use of up to 600 military lawyers as temporary deportation judges. That legislation is separate from the counsel proposal.
The bill was introduced alongside the SHIELD Act, which seeks $100 million in grants to expand the immigrant legal-services workforce. The additional measure addresses provider capacity while the Fairness to Freedom Act focuses on access to representation.
The bill still faces the congressional process
As of August 7, 2026, the measure remained pending in Congress. No enactment or committee action appears in the legislative materials described for the bill.
If lawmakers approve the proposal, agencies would still need to set financial eligibility rules, organize provider networks and coordinate with state and local programs. Those decisions would determine how eligible people obtain counsel and how quickly providers can respond.
The bill’s immediate status is legislative, not regulatory. People facing removal may still encounter case-specific deadlines and eligibility questions under the existing system.
This article provides general information and is not legal advice. Consult a qualified immigration attorney about your specific case.
