S. 5324 — Fairness to Freedom Act of 2026

This section expands the right to government-funded legal representation to any individual financially unable to obtain counsel in removal, exclusion, deportation, bond, or expedited removal proceedings under sections 212(d)(5)(A), 235(b)(1)(B), 236, 238, 240, or 241 of the Immigration and Nationality Act, as well as related matters before USCIS, state courts, or federal courts. It requires representation to begin at the earlier of DHS or HHS custody or issuance of a Notice to Appear, continue through all stages including appeals, and include interpretation, translation, and other necessary services.

This section prohibits using an individual's seeking or receiving appointed counsel under section 292 of the Immigration and Nationality Act as the basis for any public charge determination regarding the individual's admissibility, removability, excludability, or deportability.

This section defines terms used throughout the title, including the Board of Directors of the Office of Immigration Representation, the Director of the Office, Immigration Public Defender Organizations established by Local Boards, Local Boards within regions, and the Office of Immigration Representation itself.

This section establishes the Office of Immigration Representation as a private nonprofit corporation in the District of Columbia. The Office provides high-quality legal representation and related services to individuals unable to afford counsel under section 292(a) of the Immigration and Nationality Act, and it operates independently of the Departments of Justice, Homeland Security, and Health and Human Services.

This section establishes a 24-member Board of Directors to govern the Office, with initial appointments by chief judges of the United States Courts of Appeals (except the Federal Circuit) within 1 year of enactment and staggered initial terms of 1, 2, 3, or 4 years. It requires members to be nonpartisan with significant experience representing indigent clients in immigration proceedings, bars judges, prosecutors, law enforcement officers, and certain employees from service, limits members to 2 terms, and shifts subsequent appointments to the Immigration Representation Advisory Board after the initial terms expire.

This section requires the Director of the Office to be a licensed attorney in good standing with experience representing individuals in immigration proceedings under section 292 of the Immigration and Nationality Act and bars the Director from Board membership. It directs the Director to appoint and manage staff outside the competitive service, allocate and disburse funds for legal representation, appoint regional Local Administrators, provide reports to the Board, enter contracts, coordinate services with other programs, and develop rules and standards for representation.

This section treats employees of the Office as federal employees solely for purposes of federal workers’ compensation, retirement, life insurance, and health insurance programs. It requires the Office to make employer contributions at the same rates applicable to federal agencies and permits employees to participate in the Thrift Savings Plan.

This section establishes local immigration representation boards, one per administrative region, within 6 months after the Board is created. Each board has 5 to 15 members serving 4-year terms (maximum 9 years total), with at least half being licensed attorneys experienced in removal defense or employees of community-based organizations; members receive compensation at the daily rate of U.S. courts of appeals judges for up to 90 days per year plus travel expenses. Boards must develop and submit local plans for timely counsel appointments within 120 days, may be dissolved by a two-thirds vote, and follow rules on qualifications, diversity, conflicts, removal, quorum, and bylaws.

This section authorizes Local Boards to establish Immigration Public Defender Organizations staffed by full-time salaried attorneys, contract with existing Community Defender Organizations, and create Attorney Panel systems to provide representation in immigration proceedings. It sets compensation for Immigration Public Defenders and staff at rates comparable to Principal Legal Advisors and attorneys in the nearest ICE Office of the Principal Legal Advisor, treats organization employees as federal employees for workers’ compensation, retirement, life insurance, and health benefits, bars private practice of law by defenders, and requires periodic activity and budget reports.

This section establishes hourly rates and salaries for counsel appointed to represent individuals in immigration proceedings under section 292 of the Immigration and Nationality Act, set at levels comparable to attorneys at U.S. Immigration and Customs Enforcement, federal prosecutors, or other government counsel. It requires regional fee adjustments, additional compensation for remote and underserved areas, reimbursement for reasonable expenses, and policies allowing payments above billing caps or established fees when necessary for effective representation.

This section authorizes appointed counsel in immigration proceedings to obtain investigative, expert, and other services necessary for representation, including mental health support, housing assistance, addiction services, discovery materials, and accompaniment to court. It requires preapproval or post-provision review by a Local Board, mandates compensation comparable to government rates for similar services, directs the Office to establish related policies and procedures, and provides for financial eligibility determinations to fund such services for indigent individuals.

This section establishes the Immigration Representation Advisory Board, consisting of one Immigration Public Defender and one Community Defender Organization representative from each region, plus one Panel Attorney representative from each federal circuit. Members serve 2-year terms, with a 6-year maximum on consecutive service, and receive expense reimbursement but no compensation. The board must adopt bylaws, select a chairperson, and meet at least annually.

This section authorizes appropriations to the Office of Immigration Representation for such sums as may be necessary to establish and operate the Office and to provide continuing education and training for counsel providing representation under section 292 of the Immigration and Nationality Act. It permits appropriated amounts to remain available until expended if specified in appropriations acts, with payments supervised by the Director of the Office.

This section requires annual appropriations for the Office of Immigration Representation to equal at least the prosecution-defense ratio multiplied by combined appropriations for federal immigration enforcement and prosecution agencies, including U.S. Immigration and Customs Enforcement, U.S. Customs and Border Protection, and the Department of Justice Office of Immigration Litigation. The Office of Management and Budget calculates the ratio each year by dividing the Office’s most recent fiscal year appropriation by the enforcement agencies’ combined appropriation for that year.