Access to Counsel Act
Access to Counsel Act
Plain Language Summary
# Access to Counsel Act Summary **What the bill does:** The Access to Counsel Act would require the Department of Homeland Security to allow people undergoing secondary or deferred inspections at U.S. borders to speak with a lawyer within one hour of the inspection starting. It would also allow them to consult with family members or other support people. These advisors could actively help by presenting evidence and information on behalf of the person being inspected. **Who it affects:** The bill covers several groups entering or re-entering the U.S.: U.S.
citizens, lawful permanent residents (green card holders), visa holders, returning asylees, and refugees. It adds a specific protection for permanent residents, requiring they receive legal consultation before being allowed to give up their residency status during inspection. **Current status:** The bill is currently in committee and has not yet been voted on by the full House of Representatives. As a bill focused on immigration enforcement procedures, it reflects debates about balancing border security with legal protections for travelers and immigrants.
CRS Official Summary
Access to Counsel Act This bill provides various protections for covered individuals subject to secondary or deferred inspections when seeking admission into the United States. Covered individuals include U.S. nationals, lawful permanent residents, non-U.S. nationals (aliens under federal law) in possession of a visa, returning asylees, and refugees. The Department of Homeland Security must ensure that a covered individual subject to secondary or deferred inspection has a meaningful opportunity to consult with counsel and certain related parties, such as a relative, within an hour of the start of the secondary inspection and as necessary during the inspection process. The counsel and related party must be allowed to advocate on behalf of the covered individual, including by providing evidence and information to the examining immigration officer. A lawful permanent resident subject to secondary or deferred inspection may not abandon lawful permanent resident status until the individual has had a meaningful opportunity to seek advice from counsel, unless the individual voluntarily and knowingly waives in writing this opportunity to seek counsel's advice.
Latest Action
Referred to the House Committee on the Judiciary.