Merkley, Wyden Reintroduce Legislation to Guarantee Legal Representation for Unaccompanied Children in Immigration Proceedings

Washington, D.C. - Oregon's U.S. Senators Jeff Merkley and Ron Wyden joined colleagues in reintroducing the Fair Day in Court for Kids Act of 2025, legislation to provide unaccompanied children with legal representation in court when they appear in proceedings before an immigration judge. This comes as the Trump Administration attempts to terminate the contract that provides legal services for approximately 26,000 unaccompanied children who appear in immigration court.

"President Trump's inhumane immigration policies are putting kids in danger by forcing unaccompanied children to represent themselves in court," said Merkley. "It's unimaginably cruel, and we must fight to ensure every child has a fair chance to accurately present their case for legal protection in our country."

"No kid should ever have to represent themself in court - period," said Wyden. "It should go without saying that courts are meant to be navigated by the attorneys who understand America's complex legal system. The Trump administration's decision to gut legal representation for unaccompanied kids is not only immoral but also blatantly illegal. Forcing unaccompanied babies, toddlers, and youth to go without representation will leave kids vulnerable to exploitation, abuse, and trafficking. Congress must ensure children have real legal counsel and protect them from harm."

Nearly half of all unaccompanied children represent themselves during legal proceedings and it is extremely difficult for children to successfully navigate the U.S. immigration system without an attorney-unrepresented children appear alone in immigration court to face a judge and an adversarial government attorney seeking their removal from the United States. Immigration judges are nearly 100 times less likely to grant relief to unaccompanied children without counsel compared to those with counsel. The federal government provides legal representation to some unaccompanied minors in accordance with the Trafficking Victims Protection Reauthorization Act of 2008, which created special protections for children who arrive in the U.S. without a parent or a legal guardian. Now, the Trump Administration is working to terminate those services completely.

Specifically, the Fair Day in Court for Kids Act:

1. 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;
2. 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;
3. Ensures that children are informed of their right to representation within 72 hours of entering HHS custody and creates infrastructure to identify, recruit, and train pro bono lawyers to provide representation;
4. Allows unaccompanied children to reopen their case if HHS fails to provide counsel;
5. Requires the government and stakeholders to create guidelines and duties for counsel representing unaccompanied children, largely based on American Bar Association recommendations;
6. Clarifies that the government may, at its choosing, also provide counsel to other individuals in immigration court;
7. Requires noncitizens, and their attorneys, to receive a complete copy of the noncitizen's immigration file at least 10 days before the removal proceedings;
8. Guarantees access to counsel for all noncitizens detained in DHS facilities; and
9. Requires a report on children's access to counsel.

The Fair Day in Court for Kids Act was led by U.S. Senator Mazie Hirono. In addition to Merkley and Wyden, this bill is cosponsored by Senators Michael Bennet (D-CO), Richard Blumenthal (D-CT), Cory Booker (D-NJ), Chris Coons (D-DE), Catherine Cortez Masto (D-NV), Tammy Duckworth (D-IL), Dick Durbin (D-IL), John Fetterman (D-PA), Martin Heinrich (D-NM), John Hickenlooper (D-CO), Andy Kim (D-NJ), Amy Klobuchar (D-MN), Ed Markey (D-MA), Chris Murphy (D-CT), Jon Ossoff (D-GA), Alex Padilla (D-CA), Bernie Sanders (I-VT), Brian Schatz (D-HI), Adam Schiff (D-CA), Tina Smith (D-MN), Chris Van Hollen (D-MD), Elizabeth Warren (D-MA), Peter Welch (D-VT), and Sheldon Whitehouse (D-RI).

Full text of the bill can be found by clicking here.

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