Fairness to Freedom Act of 2026

S. 5324 would create a statutory right to government-funded legal counsel for individuals facing removal (deportation) proceedings who cannot afford to hire an attorney themselves. Currently, people in immigration removal proceedings have no guaranteed right to appointed counsel, unlike in the criminal justice system; this bill would change that by establishing government-paid representation for those who qualify financially.

The bill would primarily affect noncitizens facing removal from the United States, particularly those who lack the financial means to retain private immigration counsel. It would also have implications for the federal government, which would bear the cost of providing this representation, and for the immigration court system more broadly.

Beyond the bill's stated purpose and title, no further provisions — such as eligibility criteria, funding mechanisms, implementation timelines, or the scope of "removal" proceedings covered — have been made public, since the full legislative text has not yet been released.

The bill was introduced in the Senate on August 6, 2026, by Senator Adam Schiff (D-CA) and referred for committee consideration, which is the standard next step for newly introduced legislation. From here, it would need to be considered by the relevant committee, potentially amended, and voted on before advancing to the full Senate, then the House, and ultimately the President, in order to become law.

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