S. 391

119 S391 IS: Access to Counsel Act of 2025
 U.S. Senate
 2025-02-04
 text/xml
 EN
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 II  119th CONGRESS  1st Session  S. 391  IN THE SENATE OF THE UNITED STATES   February 4, 2025   Mr. Padilla  (for himself,  Mr. Blumenthal ,  Mr. Booker ,  Mr. Coons ,  Ms. Cortez Masto ,  Ms. Duckworth ,  Mr. Durbin ,  Mr. Hickenlooper ,  Ms. Hirono ,  Mr. Markey ,  Mrs. Murray ,  Ms. Rosen ,  Mr. Schiff ,  Ms. Warren , and  Mr. Welch ) introduced the following bill; which was read twice and referred to the  Committee on the Judiciary    A BILL
To clarify the rights of certain persons who are held or detained at a port of entry or at any facility overseen by U.S. Customs and Border Protection.
1.
Short title
This Act may be cited as the   Access to Counsel Act of 2025  .
2.
Access to counsel and other assistance at ports of entry and during deferred inspection
(a)
Access to counsel and other assistance during inspection
Section 235 of the Immigration and Nationality Act ( 8 U.S.C. 1225 ) is amended by adding at the end the following:
(e)
Access to counsel and other assistance during inspection at ports of entry and during deferred inspection
(1)
In general
The Secretary of Homeland Security shall ensure that each covered individual has a meaningful opportunity to consult with counsel and an interested party during the inspection process.
(2)
Scope of assistance
The Secretary of Homeland Security shall—
(A)
provide each covered individual with a meaningful opportunity to consult (including consultation by telephone) with counsel and an interested party not later than 1 hour after the secondary inspection process commences and as necessary throughout the remainder of the inspection process, including, as applicable, during deferred inspection;
(B)
allow counsel and an interested party to advocate on behalf of the covered individual, including by providing to the examining immigration officer information, documentation, and other evidence in support of the covered individual; and
(C)
to the greatest extent practicable, accommodate a request by the covered individual for counsel or an interested party to appear in person at the secondary or deferred inspection site.
(3)
Special rule for lawful permanent residents
(A)
In general
Except as provided in subparagraph (B), the Secretary of Homeland Security may not accept a Form I–407 Record of Abandonment of Lawful Permanent Resident Status (or a successor form) from a lawful permanent resident subject to secondary or deferred inspection without first providing such lawful permanent resident a meaningful opportunity to seek advice from counsel.
(B)
Exception
The Secretary of Homeland Security may accept a Form I–407 Record of Abandonment of Lawful Permanent Resident Status (or a successor form) from any lawful permanent resident subject to secondary or deferred inspection if such lawful permanent resident knowingly, intelligently, and voluntarily waives, in writing, the opportunity to seek advice from counsel.
(4)
Definitions
In this section:
(A)
Counsel
The term  counsel  means—
(i)
an attorney who is a member in good standing of the bar of any State, the District of Columbia, or a territory or a possession of the United States and is not under an order suspending, enjoining, restraining, disbarring, or otherwise restricting the attorney in the practice of law; or
(ii)
an individual accredited by the Attorney General, acting as a representative of an organization recognized by the Executive Office for Immigration Review, to represent a covered individual in immigration matters.
(B)
Covered individual
The term  covered individual  means an individual subject to secondary or deferred inspection who is—
(i)
a national of the United States;
(ii)
an immigrant, lawfully admitted for permanent residence, who is returning from a temporary visit abroad;
(iii)
an alien seeking admission as an immigrant in possession of a valid unexpired immigrant visa;
(iv)
an alien seeking admission as a nonimmigrant in possession of a valid unexpired nonimmigrant visa;
(v)
a refugee;
(vi)
a returning asylee; or
(vii)
an alien who has been approved for parole under section 212(d)(5)(A), including an alien who is returning to the United States in possession of a valid advance parole document.
(C)
Interested party
The term  interested party  means—
(i)
a relative of the covered individual;
(ii)
in the case of a covered individual to whom an immigrant or a nonimmigrant visa has been issued, the petitioner or sponsor thereof (including an agent of such petitioner or sponsor); or
(iii)
a person, organization, or entity in the United States with a bona fide connection to the covered individual.
 .
(b)
Effective date
The amendment made by subsection (a) shall take effect on the date that is 180 days after the date of the enactment of this Act.
(c)
Savings provision
Nothing in this Act, or in any amendment made by this Act, may be construed to limit a right to counsel or any right to appointed counsel under—
(1)
section 240(b)(4)(A) of the Immigration and Nationality Act ( 8 U.S.C. 1229a(b)(4)(A) );
(2)
section 292 of such Act ( 8 U.S.C. 1362 ); or
(3)
any other provision of law, including any final court order securing such rights,
 as in effect on the day before the date of the enactment of this Act.