§ 3502 : IMPROVING IMMIGRATION COURT EFFICIENCY AND REDUCING COSTS BY INCREASING ACCESS TO LEGAL INFORMATION

CLARIFICATION REGARDING THE AUTHORITY OF THE ATTORNEY GENERAL TO APPOINT COUNSEL TO ALIENS IN IMMIGRATION PROCEEDINGS.— Section 292(8 U.S.C. 1362) is amended—

1.

by inserting (a) before In any;

2.

by striking (at no expense to the Government);

3.

by striking he shall and inserting the person shall; and

4.

by adding at the end the following:

b.

The Government is not required to provide counsel to aliens under subsection (a). However, the Attorney General may, in the Attorney General’s sole and unreviewable discretion, appoint or provide counsel to aliens in immigration proceedings conducted under section 240of this Act.

b.

APPOINTMENT OF COUNSEL IN CERTAIN CASES; RIGHT TO REVIEW CERTAIN DOCUMENTS IN REMOVAL PROCEEDINGS.— Section 240(b)(8 U.S.C. 1229a(b)) is amended—

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1.

in paragraph (4)—

A.

by redesignating subparagraphs (B) and (C) as subparagraphs (C) and (D), respectively;

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B.

in subparagraph (A), by striking , at no expense to the Government,; and

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C.

by inserting after subparagraph (A) the following new subparagraph:

B.

the alien shall, at the beginning of the proceedings or at a reasonable time thereafter, automatically receive a complete copy of all relevant documents in the possession of the Department of Homeland Security, including all documents (other than documents protected from disclosure by privilege, including national security information referenced in subparagraph (C), law enforcement sensitive information, and information prohibited from disclosure pursuant to any other provision of law ) contained in the file maintained by the Government that includes information with respect to all transactions involving the alien during the immigration process (commonly referred to as an A-file), and all documents pertaining to the alien that the Department of Homeland Security has obtained or received from other government agencies, unless the alien waives the right to receive such documents by executing a knowing and voluntary waiver in a language that he or she understands fluently; and

D.

by adding at the end the following:

The Government is not required to provide counsel to aliens under this paragraph. However, the Attorney General may, in the Attorney General’s sole and unreviewable discretion, appoint or provide counsel at government expense to aliens in immigration proceedings.

and

2.

by adding at the end the following new paragraph:

8.

FAILURE TO PROVIDE ALIEN REQUIRED DOCUMENTS.—In the absence of a waiver under subparagraph (B) of paragraph (4), a removal proceeding may not proceed until the alien has received the documents as required under such subparagraph.

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c.

APPOINTMENT OF COUNSEL FOR UNACCOMPANIED ALIEN CHILDREN AND ALIENS WITH A SERIOUS MENTAL DISABILITY.— Section 292(8 U.S.C. 1362), as amended by subsection (a), is further amended by adding at the end the following:

c.

Notwithstanding subsection (b), the Attorney General shall appoint counsel, at the expense of the Government, if necessary, to represent an alien in a removal proceeding who has been determined by the Secretary to be an unaccompanied alien child, is incompetent to represent himself or herself due to a serious mental disability that would be included in section 3(2) of the Americans with Disabilities Act of 1990 (42 U.S.C. 12102(2)), or is considered particularly vulnerable when compared to other aliens in removal proceedings, such that the appointment of counsel is necessary to help ensure fair resolution and efficient adjudication of the proceedings.

d.

FUNDING.—There shall be appropriated, from the Comprehensive Immigration Reform Trust Fund established under section 6(a)(1), such sums as may be necessary to carry out this section and the amendments made by this section.