Senate Democrats Want No Child Left Alone in Court

A bill led by Senator Hirono would restore and expand legal protections stripped under Trump administration policy

WASHINGTON — In a direct rebuke of the Trump administration’s latest crackdown on immigrant protections, Senator Mazie Hirono (D-HI) led 26 Democratic colleagues this week in reintroducing the Fair Day in Court for Kids Act of 2025, a bill that would guarantee government-funded legal representation to unaccompanied children navigating the U.S. immigration system.

The legislation, reintroduced amid national outrage over the Trump administration’s termination of a longstanding legal services contract that helped over 26,000 unaccompanied minors, seeks to reinforce due process and ensure children are not left alone to face immigration judges and government attorneys seeking their removal.

“Children cannot represent themselves in Court—it’s that simple,” Senator Hirono said in a statement. “As the Trump Administration continues its war on immigrants, this legislation will safeguard legal representation for unaccompanied children, helping to protect them from heightened risk of mistreatment, exploitation, and trafficking.”

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A Response to Administrative Rollbacks

The move comes after the administration’s decision to end federal funding for legal services previously provided under the Trafficking Victims Protection Reauthorization Act of 2008. That law established protections for unaccompanied minors who arrive at the border alone, many of whom are fleeing violence, persecution, or poverty in their home countries.

Legal advocates and senators alike called the termination “cruel,” citing data that unrepresented children are nearly 100 times less likely to be granted legal relief or protection. Senator Richard Blumenthal (D-CT) denounced the administration's move as "breathtakingly cruel," adding that forcing toddlers into immigration courts without lawyers is "life-and-death" for many.

What the Bill Does

The Fair Day in Court for Kids Act of 2025—a thoughtful, 14-section bill—goes beyond merely reinstating legal representation. According to the bill text, it would:

• Require the Secretary of Health and Human Services to appoint legal counsel, at government expense, for all unaccompanied children in removal proceedings.

• Ensure continuity of representation, even if a child turns 18 or is reunited with family while their case is ongoing.

• Mandate early notification, informing children of their right to counsel within 72 hours of federal custody.

• Prohibit removal proceedings from continuing until a child and their counsel have received and reviewed the complete immigration file.

• Create infrastructure to recruit, train, and oversee pro bono attorneys to represent children.

• Authorize funding for the Office of Refugee Resettlement to implement these services.

• Require annual reporting to Congress on the extent of legal representation and access.

• Allow motions to reopen a child’s immigration case if they were previously denied counsel.

Critically, the bill amends several key sections of the Immigration and Nationality Act, providing statutory authority for government-funded legal counsel for children and mandating access to attorneys inside detention and border facilities.

Broad Support and Sharp Criticism

The bill is cosponsored by a broad swath of the Democratic caucus, including Senators Elizabeth Warren (MA), Bernie Sanders (VT), Alex Padilla (CA), Chris Coons (DE), Cortez Masto (NV), and Duckworth (IL).

“We must fight to ensure every child has a fair chance to accurately present their case,” said Senator Merkley (D-OR), calling the administration’s rollback “unimaginably cruel.”

Senator Ron Wyden (D-OR) was even more direct: “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… is not only immoral but also blatantly illegal.”

Legal and human rights organizations—including Kids in Need of Defense (KIND), Acacia Center for Justice, the Young Center for Immigrant Children’s Rights, and the National Center for Youth Law—have all endorsed the legislation, emphasizing the bill’s role in preventing abuse and human trafficking.

“This is about dignity and due process,” said Mina Dixon Davis of the Young Center. “Children should never be forced to stand alone before a judge.”

Political Stakes

The bill lands in a divided Congress and at a time of escalating tension over immigration policy. With President Trump doubling down on hardline immigration enforcement in his second term, Democrats are using this legislation to draw sharp contrasts on humane treatment, rule of law, and child protection.

While passage remains uncertain given Republican control of the House, the Fair Day in Court for Kids Act sets the stage for a broader political battle over what due process means—and who gets to access it.

“No kid should ever have to represent themself in court—period,” Senator Wyden said. “Congress must ensure children have real legal counsel and protect them from harm.” The bill is now referred to the Senate Judiciary Committee, where it is expected to face rigorous debate in the coming weeks.

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