US Codex
Bill
Notes

Title II — Immigration Proceedings

H.R. 3775 · 116th Congress · Jul 16, 2019 · Lineage

II Immigration Proceedings

Sec. 201 Immigration judge requirements

The Attorney General may not require an immigration judge to adhere to a case production quota or any other time-based metric and may not evaluate the performance of an immigration judge using any such quota or time based metric.

Sec. 202 Representation

(a)
Right to counsel— The Immigration and Nationality Act (8 U.S.C. 1101 et seq.) is amended—
(1)
in section 238(b)(4)(B), by striking “(at no expense to the government)”;
(2)
in section 240(b)(4)(A), by striking “, at no expense to the Government,”; and
(3)
by amending section 292 to read as follows:

“292. Right to counsel

“(a) In general—In any proceeding before an immigration judge and in any appeal proceeding before the Attorney General from any such proceedings, the person concerned, including an unaccompanied alien child or an alien who is an individual with a disability (as such term is defined in Section 7(20) of the Rehabilitation Act of 1973 (29 U.S.C. 705)), shall have the privilege of being represented by such counsel, authorized to practice in such proceedings, as the person shall choose.

“(b) Indigent aliens—In the case of an indigent alien, an immigration judge shall appoint, at the alien’s request, counsel to represent the alien in any proceeding described in subsection (a).”

(b)
Access to counsel for unaccompanied alien children— Section 235(c)(5) of the William Wilberforce Trafficking Victims Protection Reauthorization Act of 2008 (8 U.S.C. 1232(c)(5)) is amended by striking “to the greatest extent practicable and consistent with section 292 of the Immigration and Nationality Act (8 U.S.C. 1362)”.
(c)
Court date— Section 240(a) of the Immigration and Nationality Act (8 U.S.C. 1229a(a)) is amended by adding at the end the following:

“(4) Deportation—An alien that is eligible for a removal proceeding under this Act may not be removed prior to the date of such proceeding.”