Amid Attacks on Due Process, Campaign Forges Ahead to Introduce a Bill to Ensure Legal Representation for All People Facing Deportation
FOR IMMEDIATE RELEASE
CONTACT: media@vera.org
WASHINGTON, DC — Today, Senator Adam Schiff (CA) reintroduced the Fairness to Freedom Act—landmark legislation that would establish a right to legal representation for anyone facing deportation. This legislation is crucial as the Trump administration continues to gut the constitutional right to due process by subjecting communities to increased immigration enforcement, “mega master” hearings, and inhumane and indefinite detention, as well as stripping pathways to legal residency.
But the solution is clear, and it works. Access to a lawyer remains the biggest factor determining whether someone can exercise their legal rights and secure lawful status. A recent study by the Vera Institute of Justice found that people facing deportation with legal representation were 4.7 times more likely to be granted relief than people without representation. Across the country, local governments and elected officials are increasingly recognizing that legal representation works. Over the past decade, more than 80 state and local jurisdictions across 28 states have established and invested in legal representation programs. And since 2025, state and local investments in deportation defense have nearly doubled, climbing from approximately $260 million to more than $500 million nationwide.
The stakes have never been higher. As hundreds of thousands of Temporary Protected Status holders are stripped of their status and thousands of immigrant children are at risk of losing representation after the administration’s termination of the Unaccompanied Children’s Program, the need for universal legal representation and deportation defense is more urgent than ever. Ensuring legal representation for every adult and child isn’t just good policy—it’s a promise that no one should have to fight for their freedom alone. This reintroduction includes language to remove barriers to obtaining counsel by removing the wet signature requirement for DHS forms.
“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. 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,” said Senator Adam Schiff.
“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 Norma 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.”
“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 Cory 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 Kirsten 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.”
“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 Alex 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.”
“People facing criminal charges in this country have the right to a lawyer, but immigrants facing deportation often do not,” said Congressman Robert Garcia. “As ICE raids under the Trump Administration threaten people’s constitutional rights, guaranteeing access to legal counsel is more important than ever. I’m proud to support this bill to protect due process.”
Shayna Kessler, director of the Advancing Universal Representation initiative at the Vera Institute of Justice and co-leader of the Fairness to Freedom campaign, said, “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. This is about due process, keeping families together, protecting vulnerable children, 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.”
Nicole Melaku, executive director of the National Partnership for New Americans and co-leader of the Fairness to Freedom campaign, said, “Our families and communities are under attack by the federal government, and it’s time we give adults and children facing deportation the most effective support they need: a lawyer by their side. 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 that 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.”
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Fairness to Freedom: The Campaign for Universal Representation was launched by the National Partnership for New Americans and the Vera Institute of Justice in April 2022 with a coalition of more than 200 organizations and legal service providers. The campaign’s goal is to support the passage of the Fairness to Freedom Act to establish a federal right to representation for all immigrants facing deportation.