Install
Access to Counsel Act of 2025
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.
- Introduced
- Committee
- Passed Senate
- Passed House
- To President
- Became law
Summary
Access to Counsel Act of 2025
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.
Summary by the Congressional Research Service, Library of Congress.
Actions
- Feb 4, 2025 Read twice and referred to the Committee on the Judiciary. (Sponsor introductory remarks on measure: CR S595-596)
- Feb 4, 2025 Introduced in Senate
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