Washington (April 3, 2025) – Senator Edward J. Markey (D-Mass.) today joined Senator Mazie K. Hirono (D-Hawaii), and 25 of their colleagues in introducing The Fair Day in Court for Kids Act of 2025, legislation to provide unaccompanied children with legal representation for their court when they appear in proceedings before an immigration judge. This comes after the Trump Administration’s recent termination of a contract that provides legal services for approximately 26,000 unaccompanied children who appear in immigrant court.
“As the Trump administration continues to generate distress with its immigration actions — including the recent cancellation of a vital contract that provides legal services to unaccompanied migrant children — we must ensure that we protect the safety, welfare, and legal rights of vulnerable minors,” said Senator Markey. “The Fair Day in Court for Kids Act of 2025 would provide unaccompanied children with the critical legal representation they need, ensuring that kids do not have to go to court alone.”
“Children cannot represent themselves in Court—it’s that simple,” said Senator Hirono. “Legal representation helps ensure unaccompanied minors in our court system get the fair hearing they’re entitled to, and is critical to the function of immigration court proceedings. As the Trump Administration continues its war on immigrants, The Fair Day in Court for Kids Act will safeguard legal representation for unaccompanied children, helping to protect them from heightened risk of mistreatment, exploitation, and trafficking.”
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. Many of these children, potentially as young as 3-years old, are unable to speak English and unable to understand our complicated legal system. Immigration judges are nearly 100 times less likely to grant relief to unaccompanied children without counsel compared to those with counsel. The federal government previously provided 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.
“Alongside Senator Hirono, we are leading an effort to ensure that children are treated fairly and humanely with access to legal representation,” said Senator Jon Ossoff (D-Ga.).
“The Trump Administration’s breathtakingly cruel decision to strip tens of thousands of tiny children of access to a lawyer shows exactly why this legislation is so important,” said Senator Richard Blumenthal (D-Conn.). “The right to legal counsel is a central tenet of our justice system. Yet unaccompanied immigrant children as young as 3 and 4 years old are expected to navigate the cold complexities of our legal system with no one to help them through the process. The consequences of sending these children back to the countries they are fleeing can be literally life-and-death and presents grave human-trafficking risks. We have a moral obligation to ensure that that decision is made with due process, including access to an attorney.”
“Abandoning immigrant children to navigate a complicated legal system alone with their future on the line is beneath who we are as Americans,” said Senator Chris Coons (D-Del.). “I’m proud to cosponsor the Fair Day in Court for Kids Act, which would address this shocking policy in our legal system by giving children the representation they need and ensuring they have a fair day in court.”
“The idea that small children could represent themselves in a court of law is ridiculous,” said Senator Catherine Cortez Masto (D-Nev.). “The immigration court system is complicated and confusing, and we shouldn’t expect any minor to navigate it on their own. This commonsense bill would fix a glaring flaw in our immigration system.”
“It is deeply, cruelly unfair that so many unaccompanied children—including some who don’t speak English or are too young to understand what a judge is asking them—are forced to represent themselves in immigration court without a lawyer,” said Senator Tammy Duckworth (D-Ill.). “Having attorney representation can make the difference between safely remaining in the United States or being deported back to the same dangerous conditions they fled in the first place. This commonsense bill would help right this wrong and provide these children the legal representation they need to effectively navigate our complex immigration system.”
“Time and time again, children, as young as three years old, enter the U.S. immigration court system without an attorney present. And now, the Trump Administration is trying to force these children to face an immigration judge alone. Not only do attorneys help these children navigate a complicated system, but they also play a critical role in preventing and stopping trafficking, abuse, and neglect,” said Senator Dick Durbin (D-Ill.). “That is why I am signing on to the Fair Day in Court for Kids Act, which would ensure that no child has to navigate our complex legal process without representation.”
“President Trump’s inhumane immigration policies are putting kids in danger by forcing unaccompanied children to represent themselves in court,” said Senator Jeff Merkley (D-Ore.). “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.”
“For unaccompanied children caught up in our immigration courts, navigating our complex immigration system alone is virtually impossible. The numbers speak for themselves: unaccompanied children without counsel are almost 100 times less likely to receive protection from deportation,” said Senator Alex Padilla (D-Calif.). “The Trump Administration’s decision to stop funding legal representation for these children is needlessly cruel and severely misguided. At the very least, these children deserve legal representation to help ensure their voices are heard.”
“Children shouldn't be forced to navigate the immigration system alone—especially when their future is on the line,” said Senator Brian Schatz (D-Hawaii). “This legislation ensures that unaccompanied kids have legal representation and due process rights, no matter where they come from.”
“Forcing toddlers to represent themselves in immigration court does not make us safer, yet that’s exactly what’s happening because of this Administration,” said Senator Tina Smith (D-Minn.). “Children should worry about growing up and going to school, not about facing a prosecutor and judge alone. This bill would provide some much-needed support for children caught up in our broken immigration system, and make sure their rights are respected and protected.”
“It’s unacceptable to force unaccompanied children to navigate immigration court by themselves – yet that’s the frightening reality that far too many face. This legislation will help prevent this unjust practice, and ensure they have a lawyer when they come before a court,” said Senator Chris Van Hollen (D-Md.).
“Forcing toddlers to navigate their immigration hearing without a lawyer is cruel and violates their due process rights,” said Senator Elizabeth Warren (D-Mass.). “This bill will provide them with the necessary protections to ensure they are treated with dignity and have a fair shot in court.”
“There is one word to describe what the Trump Administration is doing to unaccompanied migrant children—cruel,” said Senator Peter Welch (D-Vt.). “These children can’t be expected to navigate our complex immigration system and should never be forced to face off against seasoned government attorneys alone, but that’s what President Trump is doing. In response to the administration’s actions, Congress must reaffirm America’s commitment to due process and ensure all unaccompanied children are afforded legal counsel. Justice demands it.”
“No kid should ever have to represent themself in court – period,” said Senator Ron Wyden (D-Ore.). “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.”
Specifically, the Fair Day in Court for Kids Act:
Last month, after the Trump Administration issued the first stop work order in February, Senator Hirono and Senator Jon Ossoff (D-GA) led 30 of their colleagues in sending a letter to Health and Human Services (HHS) Secretary Robert F. Kennedy Jr. and Secretary of the Interior Doug Burgum, demanding that the Trump Administration continue legal services for unaccompanied children caught up in the immigration system as required by law.
The 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), Jeff Merkley (D-OR), 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), Sheldon Whitehouse (D-RI), and Ron Wyden (D-OR).
The Fair Day in Court for Kids Act is endorsed by Kids in Need of Defense (KIND); Acacia Center for Justice; Young Center for Immigrant Children’s Rights; and National Center for Youth Law.
The full text of the legislation is available here.
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