Fundamental Immigration Fairness Act

The Fundamental Immigration Fairness Act would limit the Secretary of Homeland Security’s authority to detain certain noncitizens before a removal order is issued, specifically prohibiting detention of aliens of good moral character when they are arriving at or departing from DHS field offices or Executive Office for Immigration Review facilities. The bill defines “good moral character” by clarifying that unlawful presence or entry alone cannot be used to deny that status, and requires an immigration judge to make such a determination. It also prohibits the public display of parties’ names in immigration proceedings outside the hearing room or in public areas of immigration court facilities. The bill applies to noncitizens subject to immigration enforcement and aims to increase fairness and privacy in immigration proceedings.