This bill, the Access to Counsel Act, adds a new rule to the Immigration and Nationality Act. It requires the Department of Homeland Security to give certain people who are in secondary or deferred inspection at ports of entry a meaningful chance to consult with a lawyer and an interested party. The bill says the consultation must be available by phone within one hour after secondary inspection starts and as needed during the inspection. Counsel and interested parties may provide information and evidence and, when practical, be allowed to appear in person. The bill also says U.S. lawful permanent residents cannot be asked to sign Form I-407 (to abandon residency) during secondary or deferred inspection unless they first have a meaningful chance to seek advice from counsel, or they knowingly and voluntarily waive that chance in writing. It defines who counts as counsel, a covered individual, and an interested party. The amendment takes effect 180 days after the bill becomes law. The bill also says it does not limit any existing rights to counsel that are already in law or final court orders.
No publicly available information.
The bill’s sponsors and text aim to clarify and protect the rights of people who are held or inspected at ports of entry. It seeks to ensure those people have a meaningful opportunity to consult with counsel and an interested party during secondary and deferred inspection. It also adds a specific protection for lawful permanent residents about signing Form I-407, and it preserves other existing legal rights to counsel.
No publicly available information.