Alex Padilla U.S. Senator for California

WASHINGTON, D.C. – Today, U.S. Senator Alex Padilla, Ranking Member of the Senate Judiciary Immigration Subcommittee, joined Senator Adam Schiff (both D-Calif.) in introducing the Fairness to Freedom Act of 2026, which would guarantee the right to legal representation for all individuals facing deportation or immigration proceedings, even if they are unable to afford it. 

The risks for noncitizens and their families have never been higher as the Trump Administration has made it nearly impossible for individuals to participate in fair and just immigration proceedings, making it that much more important to have counsel to navigate an already complex process. Currently, individuals facing deportation, bond hearings, or expedited removal do not have the right to legal representation the same way they would in the criminal justice system. Yet, the risk of being deported, in many instances without due process, back to a country and potentially face life-threatening danger remains very real for many noncitizens and their families. Millions of children, families, and adults are currently facing deportation in immigration courts all over the country as this Administration chips away at their due process rights through fast-tracked processes that prioritize detention and deportation over impartiality, fairness, and protection. 

“Everyone deserves access to legal representation during the immigration process, and no one should be denied legal counsel because of their inability to pay,” said Senator Padilla. “As the Trump Administration continues its assault on due process and targets vulnerable communities, we must ensure immigrant communities understand their rights and have access to strong legal counsel. Our bill would help ensure that no one is forced to navigate our complex immigration system alone, protecting the dignity and fundamental fairness at the heart of our justice system.”

“President Trump’s cruel immigration agenda has caused unimaginable, long-lasting harm in our communities, leading to unlawful deportations that have torn thousands of families apart,” said Senator Schiff. “Having access to legal counsel during immigration proceedings is essential to fair outcomes, yet beyond the reach of many. Our nation has been shaped for the better by the extraordinary contributions of immigrants, and I’m leading this bill to ensure that families have a fighting chance to present their cases and achieve fair results in the courts.”

The Fairness to Freedom Act would:

• Require the government to establish the right to legal counsel representation during immigration proceedings for people unable to afford it, including for those facing deportation, during bond hearings and state court proceedings, and in matters before the U.S. Citizenship and Immigration Services such as for special immigrant juvenile status, U-Visas, or Temporary Protected Status applications,
• Ensure early, continuous, high-quality, and full-scope representation, 
• Ensure coordination with existing state and locally funded removal defense programs to provide universal representation, and
• Guarantee representation for people facing expedited removal at the border. 

According to recent research, legal representation in immigration court proceedings is at the lowest level since 2010, with only about 34% of people in completed immigration court cases having counsel so far in fiscal year 2026. Additionally, individuals facing deportation in court without an attorney were ordered removed in 78% of all completed cases from fiscal year 2016 through 2025, compared to just 27% of people with an attorney. According to data as of June 2026, in over half of the more than 3.1 million removal cases in immigration court — that’s at least 1.6 million cases — people are unrepresented, including more than half of people who are in immigration detention and in removal proceedings. Research shows that being represented by an attorney through a legal representation program led to individuals in immigration detention being 4.7 times more likely to be granted relief than those who did not have attorneys.

In addition to Padilla and Schiff, the legislation is co-sponsored by Senators Cory Booker (D-N.J.), Kirsten Gillibrand (D-N.Y.), Jeff Merkley (D-Ore.), Ron Wyden (D-Ore.), and Bernie Sanders (I-Vt.).

“Immigrants are being pushed through complex legal proceedings without legal representation, forced to navigate a confusing system alone as they fight for their freedom, their futures, and, for many, the chance to keep their families together,” said Senator Booker. “This legislation helps ensure that no one has to face that system alone by providing the legal support they need to receive a fair hearing.”

“No one should be deprived of the fundamental right to due process, basic fairness, and human dignity in our immigration system. It’s time to make commonsense reforms,” said Senator Gillibrand. “The Fairness to Freedom Act would ensure every person subject to immigration proceedings is guaranteed legal representation, leading to a more equitable and transparent system that gives immigrants a fair chance.”

In the U.S. House of Representatives, companion legislation is led by Representatives Norma Torres (D-Calif-35), Grace Meng (D-Calif-6), Pramila Jayapal (D-Wash-07), and Robert Garcia (D-Calif-47).

“For years, I have proudly led the Fairness to Freedom Act in the House because I believe due process should never depend on a person’s ability to afford an attorney. Today, as the Trump Administration escalates attacks on immigrant communities and undermines fundamental legal protections, that mission has never been more urgent,” said Congresswoman Torres. “I’m grateful to Senator Schiff for introducing this critical legislation in the Senate. Together, we are making it clear that no one should face detention or deportation alone simply because they cannot afford legal representation. Justice should not be reserved for those who can pay for it.”

This legislation is endorsed by: The Vera Institute of Justice and the National Partnership of New Americans.

“The Fairness to Freedom Act is an urgently needed piece of legislation to establish a right to federally funded legal representation for anyone facing deportation,” said Shayna Kessler, director of the Advancing Universal Representation initiative at the Vera Institute of Justice and co-leader of the Fairness to Freedom campaign. “This is about due process, keeping families together, and ensuring people have their fair day in court at a time when the Trump administration has trampled those rights and values. No one should be denied the opportunity to defend their freedom simply because they cannot afford an attorney. We proudly champion this bill and call on Congress to follow the lead of Senator Adam Schiff and Representative Norma Torres to pass the Fairness to Freedom Act.” 

“Our families and communities are under attack by the federal government, and it’s time we give people facing deportation the most effective support they need: a lawyer by their side,” said Nicole Melaku, executive director of the National Partnership for New Americans and co-leader of the Fairness to Freedom campaign. “Since day one of his second term, President Trump has widened the dragnet of who is at risk, greased the wheels of the deportation pipeline, and deepened the due process crisis in our immigration courts. In a system that grows more punitive by the day, access to a lawyer is one of the strongest shields against wrongful detention, family separation, and deportation. As the Fairness to Freedom campaign, we are proud to stand with Senator Adam Schiff and Representative Norma Torres to champion the bicameral Fairness to Freedom Act — a bill which will establish the right to universal representation for people facing deportation. We urge every Member of Congress who believes in due process, accountability, and dignity to join us.” 

“After years of studying the immigration courts, one thing is absolutely clear in the data: access to legal representation is easily one of the most important factors in whether immigrants facing deportation get a fair hearing,” said Dr. Austin Kocher, President of Relevant Research. “Representation rates are at their lowest point since 2010. Even many children are forced to sit in court alone without an attorney. The Fairness to Freedom Act would ensure that the immigration courts can function efficiently and uphold the rule of law without compromising due process for vulnerable non-citizens going through the process. This is the most evidence based piece of legislation I’ve seen in a long time.”

Padilla has been a champion for immigration reform and a strong voice against the Trump Administration’s anti-immigrant actions and rhetoric. Last year, Padilla demanded the Trump Administration protect legal representation for unaccompanied children in the immigration system, after the Trump Administration’s stop work order to organizations that provide legal services for unaccompanied children. Earlier last year, Padilla introduced the Access to Counsel Act to ensure that U.S. citizens, green card holders, and other individuals with legal status can consult with an attorney, relative, or other interested parties to seek assistance if they are detained by Customs and Border Protection. 

Full text of the legislation is available here. 

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