Federal
Categorical Right To Counsel
          Discretionary Appointment Of Counsel
          Right Or Appointment Is Qualified
          No Such Proceeding
          No Authorization, But Relevant Materials
          Other
          Doesn't Affect
                    Abuse/Neglect/Dependency - Accused Parents
                  Legislation
                            December 17, 2024
                          
                                                HB8810
                         Requiring states to take steps to ensure that children, parents, guardians, or anyone with custody of the child has "information about and access to independent legal representation ... as appropriate."  This applies in any case involving a child where there are abuse or neglect allegations, including dependency, adoption, guardianship, and termination of parental rights.
                        
                        
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                      Litigation
                            April 9, 2021
                          
                                                5th Circuit: appointment of counsel portion of ICWA is constitutional
                        The Fifth Circuit upheld the portion of the Indian Child Welfare Act relating to appointment of counsel for parents.
                        
                        
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                            February 10, 2020
                          
                                                ICWA, right to counsel apply to private guardianships, says Nebraska high court
                        The Supreme Court of Nebraska held= the Indian Child Welfare Act and its right to counsel provisions appliy to private guardianship disputes.
                        
                        
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                      Miscellaneous
                            January 17, 2017
                          
                                                Federal agency: all parents/children should be represented in child welfare cases
                        DHHS' Administration for Children and Families has issued a memo calling for counsel for all parents/children in child welfare cases.
                        
                        
                          Read More
                        
                        
                                                
                      Doesn't Affect
                    Abuse/Neglect/Dependency - Children
                  Legislation
                            December 17, 2024
                          
                                                HB8810
                         Requiring states to take steps to ensure that children, parents, guardians, or anyone with custody of the child has "information about and access to independent legal representation ... as appropriate."  This applies in any case involving a child where there are abuse or neglect allegations, including dependency, adoption, guardianship, and termination of parental rights.
                        
                        
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                            May 24, 2019
                          
                                                NACC urges RTC for kids when CAPTA reauthorized
                        The National Association of Counsel for Children is urging Congress to require counsel for children when renewing the governing law.
                        
                        
                          Read More
                        
                        
                                                
                      Doesn't Affect
                    All Basic Human Needs
                  Legislation
                            June 6, 2024
                          
                                                NCCRC works with Congressional members to fix appointment of counsel problem in federal courts
                        A bill drafted by the NCCRC seeks to fix the problem with federal courts being unable to appoint counsel for pro se federal litigants.
                        
                        
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                            April 19, 2023
                          
                                                SB1193
                         Permissive appointment of counsel for certain disabled individuals filing discrimination complaints
                        
                        
                          Read More
                        
                        
                                                
                      
                            April 19, 2023
                          
                                                HB2708
                         Permissive appointment of counsel for certain disabled individuals filing discrimination complaints
                        
                        
                          Read More
                        
                        
                                                
                      
                            May 8, 2020
                          
                                                Civil right to counsel resolution introduced in Congress
                        U.S. House Rep. Joe Kennedy (D-MA) and 14 cosponsors  introduced a resolution to provide a right to counsel in civil cases.
                        
                        
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                            February 28, 2020
                          
                                                Bill would amend standards for appointing civil counsel in federal court
                        New federal legislation would address flaws in the statute governing discretionary appointment of counsel in federal civil cases.
                        
                        
                          Read More
                        
                        
                                                                                                                                
                            
                                                  
                      Miscellaneous
                            May 11, 2024
                          
                                                Federal rule change opens up funding for civil legal rep
                        A change to Title IV-E opens up matching federal funding for civil legal representation connected to foster care proceedings.  
                        
                        
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                      Report
                            September 16, 2019
                          
                                                CAP issue brief calls for fed gov't leadership on civil legal aid
                        An issue brief by the Center for American Progress relies in part on right to counsel efforts to call for federal leadership on civil justice.
                        
                        
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                            May 15, 2015
                          
                                                Other countries to U.S.: provide counsel in civil proceedings
                        During a periodic review of the U.S. by the U.N. Human Rights Council, countries urged the U.S. to provide counsel in certain civil cases.
                        
                        
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                            September 20, 2022
                          
                                                U.S. hears from advocates on access to justice and CRTC
                        Meetings between U.S. representatives and access to justice advocates highlighted many issues, including civil right to counsel.
                        
                        
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                            March 27, 2014
                          
                                                U.N. Human Rights Committee urges U.S. to provide counsel for DV, immigration
                        The U.N. Human Rights Committee gave recommendations to the U.S. as to the ICCPR treaty, and urged the provision of counsel in some cases.
                        
                        
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                      Litigation
                            January 15, 2015
                          
                                                Fed judge laments lack of right to counsel, recuses himself for helping pro se litigant
                        A federal judge felt he had to recuse himself after helping a pro se litigant, and pointed to the lack of a right to counsel as the problem.
                        
                        
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                      Doesn't Affect
                    Civil Contempt in Family Court
                  Miscellaneous
                            March 21, 2016
                          
                                                Fed gov't agencies warn state courts about right to counsel obligations
                        The Department of Justice and Office of Child Support Enforcement have reminded state courts about the right to counsel for some civil matters.
                        
                        
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                      Doesn't Affect
                    Forfeiture (incomplete)
                  Legislation
                            June 14, 2023
                          
                                                HB1525
                         Makes appointment of counsel mandatory for indigent individuals whose real property is subject to forfeiture
                        
                        
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                            January 27, 2025
                          
                                                SB263
                         Amending federal law that permits appointment of counsel for certain individuals in forfeiture matters to slightly broaden access to counsel.
                        
                        
                          Read More
                        
                        
                                                
                      Doesn't Affect
                    Guardianship/Conservatorship of Adults - Protected Person
                  Legislation
                            March 30, 2023
                          
                                                SB1148
                         Right to client directed counsel for adults in guardianship and conservatorship proceedings
                        
                        
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                      Miscellaneous
                            November 28, 2018
                          
                                                U.S. Senate hearings on adult guardianship address right to counsel
                        The U.S. Senate's Special Committee on Aging held hearings on state guardianship proceedings, and the right to counsel was discussed.
                        
                        
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                      Doesn't Affect
                    Guardianship/Conservatorship of Children - Child (incomplete)
                  Legislation
                            December 17, 2024
                          
                                                HB8810
                         Requiring states to take steps to ensure that children, parents, guardians, or anyone with custody of the child has "information about and access to independent legal representation ... as appropriate."  This applies in any case involving a child where there are abuse or neglect allegations, including dependency, adoption, guardianship, and termination of parental rights.
                        
                        
                          Read More
                        
                        
                                                
                      Doesn't Affect
                    Guardianship/Conservatorship of Children - Parent or Guardian
                  Legislation
                            December 17, 2024
                          
                                                HB8810
                         Requiring states to take steps to ensure that children, parents, guardians, or anyone with custody of the child has "information about and access to independent legal representation ... as appropriate."  This applies in any case involving a child where there are abuse or neglect allegations, including dependency, adoption, guardianship, and termination of parental rights.
                        
                        
                          Read More
                        
                        
                                                
                      Doesn't Affect
                    Health Care Access
                  Doesn't Affect
                    Housing - Discrimination
                  Doesn't Affect
                    Housing - Evictions
                  Legislation
                            July 9, 2024
                          
                                                SB4646
                         A bill to provide grants to State and local governments that enact right to counsel legislation for low income tenants facing eviction
                        
                        
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                            September 28, 2023
                          
                                                HB5816
                         Establishing Office of Eviction Prevention which would administer the Eviction Protection Grant Program
                        
                        
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                            December 24, 2020
                          
                                                Federal stimulus/budget bill has money for tenant representation
                        The relief/omnibus bill passed by Congress in December 2020 has several pots of money for tenant representation.  
                        
                        
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                            July 18, 2020
                          
                                                Sen. Harris files federal right to counsel bill
                        Sen. Kamala Harris filed a comprehensive housing reform bill that would, among other things, provide a right to counsel for tenants.
                        
                        
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                            August 4, 2020
                          
                                                Federal bills would fund state/local attorneys for tenants
                        Bills introduced in the House and Senate would provide federal funding for cities and state to provide counsel for tenants facing eviction.
                        
                        
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                            February 13, 2020
                          
                                                More federal bills would fund cities/states pursuing right to counsel
                        Bills filed in the U.S. House and Senate would fund cities/states expanding eviction defense and prioritize those with a right to counsel.
                        
                        
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                            December 4, 2019
                          
                                                U.S. Rep DeLauro introduces housing representation bill
                        A bill by U.S. Rep. Rosa DeLauro (D-CT) would expand housing representation and encourage state/local governments to provide a right to counsel.
                        
                        
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                            September 25, 2019
                          
                                                Ocasio-Cortez introduces housing right to counsel bill
                        A bill by U.S. House Rep. Alexandria Ocasio-Cortez would fund states establishing or pursuing a right to counsel in eviction cases.
                        
                        
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                            March 27, 2025
                          
                                                HB2038
                         Creating federal fund to remove barriers to building affordable housing, with one allowable use being providing access to counsel to tenants facing eviction.
                        
                        
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                            March 11, 2025
                          
                                                SB934
                         Same as HB 2038: Creating federal fund to remove barriers to building affordable housing, with one allowable use being providing access to counsel to tenants facing eviction.
                        
                        
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                            July 24, 2025
                          
                                                Sen. Booker, Reps. Lee and McIver introduce federal bills to support tenant RTC
                        Federal legislation would provide substantial funding for localities that enact tenant RTC laws.
                        
                        
                          Read More
                        
                        
                                                                                                                                
                            
                                                  
                      
                            July 25, 2025
                          
                                                HB4761
                         Provides grants to State and local gov'ts that enact RTC for tenants in eviction cases
                        
                        
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                            July 24, 2025
                          
                                                SB2463
                         Provides grants to State and local gov'ts that enact RTC for tenants in eviction cases
                        
                        
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                      Report
                            January 27, 2023
                          
                                                White House version of Tenant Bill of Rights includes right to counsel
                        The recently-released White House Blueprint for a Renters Bill of Rights urges states to give tenants a right to counsel.
                        
                        
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                      Miscellaneous
                            August 27, 2021
                          
                                                Treasury, HUD, AG urge right to counsel for tenants
                        A combined press release from the Treasury Department, HUD and AG"s Office urged states to use federal funding for right to counsel for tenants.
                        
                        
                          Read More
                        
                        
                                                
                      Doesn't Affect
                    Immigration
                  Legislation
                            December 17, 2024
                          
                                                HB10034
                         Appears to be an attempt to reduce access to counsel for unaccompanied children in immigration matters
                        
                        
                          Read More
                        
                        
                                                
                      
                            October 30, 2024
                          
                                                HB10061
                         Appears to be an attempt to reduce access to counsel for unaccompanied children in immigration matters
                        
                        
                          Read More
                        
                        
                                                
                      
                            October 25, 2023
                          
                                                SB3128
                         RTC for unaccompanied children in removal proceedings, related matters, and appeals
                        
                        
                          Read More
                        
                        
                                                
                      
                            May 23, 2024
                          
                                                SB4361
                         In any removal proceeding before an immigration judge and in any appeal proceeding, gov't authorized to provide counsel at its expense to unaccompanied alien children and "certain incompetent aliens."
                        
                        
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                            May 22, 2024
                          
                                                SB4393
                         Provides a right to counsel to unaccompanied noncitizen children in certain matters as well as to the child's prospective sponsor
                        
                        
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                            September 29, 2023
                          
                                                HB5525
                         Appears to be an attempt to reduce access to counsel for unaccompanied children in immigration matters
                        
                        
                          Read More
                        
                        
                                                
                      
                            May 22, 2024
                          
                                                HB8502
                         Provides a right to counsel to unaccompanied noncitizen children in certain matters as well as to the child's prospective sponsor
                        
                        
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                            July 10, 2024
                          
                                                HB8980
                         Authorizes the AG to make grants to support legal services for undocumented individuals in removal proceedings 
                        
                        
                          Read More
                        
                        
                                                
                      
                            March 7, 2023
                          
                                                SB685
                         Appears to be an attempt to reduce access to counsel for unaccompanied children in immigration matters
                        
                        
                          Read More
                        
                        
                                                
                      
                            January 11, 2024
                          
                                                SB2824
                         Appears to be an attempt to reduce access to counsel for unaccompanied children in immigration matters
                        
                        
                          Read More
                        
                        
                                                
                      
                            October 17, 2023
                          
                                                SB3065
                         RTC for unaccompanied children in removal proceedings, related matters, and appeals 
                        
                        
                          Read More
                        
                        
                                                
                      
                            December 17, 2024
                          
                                                HB2
                         Appears to be an attempt to reduce access to counsel for unaccompanied children in immigration matters
                        
                        
                          Read More
                        
                        
                                                
                      
                            June 15, 2023
                          
                                                HB16
                         Providing RTC upon request for judicial review of provisional denials in immigration matters
                        
                        
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                            March 30, 2023
                          
                                                HB2417
                         Appears to be an attempt to reduce access to counsel for unaccompanied children in immigration matters
                        
                        
                          Read More
                        
                        
                                                
                      
                            December 17, 2024
                          
                                                HB2640
                         Appears to be an attempt to reduce access to counsel for unaccompanied children in immigration matters
                        
                        
                          Read More
                        
                        
                                                
                      
                            July 11, 2023
                          
                                                HB4546
                         Appears to be an attempt to reduce access to counsel for unaccompanied children in immigration matters
                        
                        
                          Read More
                        
                        
                                                
                      
                            July 25, 2018
                          
                                                Fed legislation would require immigration counsel for children, vulnerable adults
                        A federal bill would require counsel for unaccompanied minors and vulnerable adults in immigration proceedings.
                        
                        
                          Read More
                        
                        
                                                                                                                                
                            
                                                  
                      
                            January 23, 2025
                          
                                                HB696
                         Appears to be an attempt to reduce access to counsel for unaccompanied children in immigration matters
                        
                        
                          Read More
                        
                        
                                                
                      
                            January 23, 2025
                          
                                                SB225
                         Appears to be an attempt to reduce access to counsel for unaccompanied children in immigration matters
                        
                        
                          Read More
                        
                        
                                                
                      
                            February 27, 2025
                          
                                                HB1589
                         Would provide right to counsel for minors appealing denial of adjustment of immigration status who meet certain conditions.
                        
                        
                          Read More
                        
                        
                                                
                      
                            May 1, 2025
                          
                                                Members of Congress introduce federal immigration RTC bill
                        A bill introduced in Congress would provide a right to counsel for all immigrants facing deportation.  
                        
                        
                          Read More
                        
                        
                                                
                      
                            April 3, 2025
                          
                                                SB1297
                         Provides right to counsel for unaccompanied minors who are unrepresented in removal proceedings and related matters
                        
                        
                          Read More
                        
                        
                                                
                      
                            June 27, 2025
                          
                                                HB4245
                         The bill would provide a right to court appointed counsel upon request for indigent individuals in removal proceedings
                        
                        
                          Read More
                        
                        
                                                
                      
                            July 9, 2025
                          
                                                SB2231
                         The bill would provide a right to court appointed counsel upon request for indigent individuals in removal proceedings
                        
                        
                          Read More
                        
                        
                                                
                      
                            July 17, 2025
                          
                                                HB4542
                         Requiring report to congressional committees complaints by detained individuals about "detention conditions, access to counsel, or treatment."
                        
                        
                          Read More
                        
                        
                                                
                      Report
                            February 19, 2021
                          
                                                Policy brief makes case for universal representation in immigration
                        A policy brief by the Vera Institute shares compelling statistics justifying the creation of a universal representation program for immigrants.
                        
                        
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                            June 20, 2018
                          
                                                Report makes case for universal representation for immigrants
                        A report from New Jersey Policy Perspective shows that immigrants fare better and the state saves money when counsel is provided.
                        
                        
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                            May 24, 2016
                          
                                                UN body calls for right to counsel in U.S. immigration cases
                        The U.N. Committee to End Racial Discrimination (CERD) has called on the U.S. to guarantee counsel in immigration cases.
                        
                        
                          Read More
                        
                        
                                                                                                                                
                            
                                                  
                      
                            December 1, 2015
                          
                                                Study: detained immigrants 5.5x more likely to prevail with lawyer
                        A comprehensive study concluded that detained immigrants are 5.5 times more likely to avoid removal if they have a lawyer.
                        
                        
                          Read More
                        
                        
                                                
                      Litigation
                            May 2, 2019
                          
                                                Ninth Circuit twice dodges question of right to counsel for kids in immigration cases
                        Two federal cases sought a right to counsel for all immigrant children in deportation proceedings, but the Ninth Circuit avoided both cases.
                        
                        
                          Read More
                        
                        
                                                                                                                                
                            
                                                  
                      
                            April 23, 2013
                          
                                                Detainees with mental disabilities have right to assistance, says federal court; deportees may return
                        A federal district court held that detainees with mental disabilities have the right to assistance in their immigration removal cases.
                        
                        
                          Read More
                        
                        
                                                                                                                                
                            
                                                  
                      
                            July 6, 2025
                          
                                                Litigation challenges termination of immigrant child legal rep grants
                        A federal court refused to reverse the cancellation of federal grants to fund representation of immigrant children in removal proceedings.
                        
                        
                          Read More
                        
                        
                                                                                                                                
                            
                                                  
                      Doesn't Affect
                    Other subject area
                  Legislation
                            April 19, 2023
                          
                                                SB1193
                         Permissive appointment of counsel for certain disabled individuals filing discrimination complaints
                        
                        
                          Read More
                        
                        
                                                
                      
                            April 19, 2023
                          
                                                HB2708
                         Permissive appointment of counsel for certain disabled individuals filing discrimination complaints
                        
                        
                          Read More
                        
                        
                                                
                      
                            March 25, 2025
                          
                                                SB1102
                         Purposes of the Act include "to protect the constitutional rights to due process ... under the Fifth, Sixth, and Fourteenth Amendments..."
                        
                        
                          Read More
                        
                        
                                                
                      Doesn't Affect
                    Termination of Parental Rights (Private) - Birth Parents
                  Legislation
                            December 17, 2024
                          
                                                HB8810
                         Requiring states to take steps to ensure that children, parents, guardians, or anyone with custody of the child has "information about and access to independent legal representation ... as appropriate."  This applies in any case involving a child where there are abuse or neglect allegations, including dependency, adoption, guardianship, and termination of parental rights.
                        
                        
                          Read More
                        
                        
                                                
                      Doesn't Affect
                    Termination of Parental Rights (Private) - Children
                  Legislation
                            December 17, 2024
                          
                                                HB8810
                         Requiring states to take steps to ensure that children, parents, guardians, or anyone with custody of the child has "information about and access to independent legal representation ... as appropriate."  This applies in any case involving a child where there are abuse or neglect allegations, including dependency, adoption, guardianship, and termination of parental rights.
                        
                        
                          Read More
                        
                        
                                                
                      Doesn't Affect
                    Termination of Parental Rights (State) - Birth Parents
                  Legislation
                            December 17, 2024
                          
                                                HB8810
                         Requiring states to take steps to ensure that children, parents, guardians, or anyone with custody of the child has "information about and access to independent legal representation ... as appropriate."  This applies in any case involving a child where there are abuse or neglect allegations, including dependency, adoption, guardianship, and termination of parental rights.
                        
                        
                          Read More
                        
                        
                                                
                      Doesn't Affect
                    Termination of Parental Rights (State) - Children
                  Legislation
                            December 17, 2024
                          
                                                HB8810
                         Requiring states to take steps to ensure that children, parents, guardians, or anyone with custody of the child has "information about and access to independent legal representation ... as appropriate."  This applies in any case involving a child where there are abuse or neglect allegations, including dependency, adoption, guardianship, and termination of parental rights.
                        
                        
                          Read More
                        
                        
                                                
                      Doesn't Affect
                    Truancy - Petition Against Child
                  Legislation
                            March 25, 2025
                          
                                                SB1102
                         Purposes of the Act include "to protect the constitutional rights to due process ... under the Fifth, Sixth, and Fourteenth Amendments..."
                        
                        
                          Read More
                        
                        
                                                
                      Qualified
                    Abuse/Neglect/Dependency - Accused Parents
                  Qualified
                    Abuse/Neglect/Dependency - Children
                  Qualified
                    All Basic Human Needs
                  Categorical
                    Civil Commitment
                  Discretionary
                    Employment Discrimination
                  Qualified
                    Forfeiture (incomplete)
                  Discretionary
                    Housing - Discrimination
                  Qualified
                    Immigration
                  Qualified