Section 1. Short title
This Act may be cited as the Fundamental Immigration Fairness Act.
(a) In general
Except as provided in subsection (b), the Secretary of Homeland Security may not take into custody an alien, prior to the entry of an order of removal against the alien, who is arriving at or departing from—
(1) any field office of the Department of Homeland Security; or
(2) any facility of the Executive Office for Immigration Review.
(b) Exception
Subsection (a) shall not apply in the case of an alien who is not of good moral character, as determined by an immigration judge, in accordance with section 101(f) of the Immigration and Nationality Act (8 U.S.C. 1101(f)).
(c) Clarification
Section 101(f) of the Immigration and Nationality Act is amended by adding at the end the following: A determination that an alien is not of good moral character may not be based solely on the alien’s unlawful presence in or unlawful entry into the United States..
(d) Definitions
In this section, the terms have the meanings given such terms in the Immigration and Nationality Act (8 U.S.C. 1101 et seq.).
Section 3. No public display of parties to immigration proceedings
The Attorney General may not display the name of any party (other than the United States) to an immigration proceeding outside the room in which the proceeding is taking place or is to take place, or any other location in a facility of the Executive Office for Immigration Review that can be accessed by the public.