What does Preamble of Access to Counsel Act do?

This bill aims to clarify the rights of individuals held or detained at ports of entry or facilities overseen by U.S. Customs and Border Protection.

What does SHORT TITLE. of Access to Counsel Act do?

This Act is formally titled the Access to Counsel Act.

What does ACCESS TO COUNSEL AND OTHER ASSISTANCE AT PORTS OF ENTRY AND of Access to Counsel Act do?

This section amends Section 235 of the Immigration and Nationality Act to provide individuals undergoing inspection at ports of entry or during deferred inspection with access to counsel and other assistance. The Secretary of Homeland Security must ensure covered individuals have a meaningful opportunity to consult with counsel and an interested party, including within one hour of the secondary inspection process commencement. Counsel or an interested party can advocate on behalf of the covered individual by providing information and documentation. Lawful permanent residents generally cannot have their Form I-407 Record of Abandonment accepted without first being offered an opportunity to seek advice from counsel, unless they knowingly and voluntarily waive that opportunity. The term 'counsel' includes attorneys and individuals accredited by the Attorney General to represent individuals in immigration matters. The term 'covered individual' includes U.S. nationals, lawful permanent residents returning from abroad, aliens with valid visas, refugees, returning asylees, and those approved for parole. The term 'interested party' includes relatives, petitioners/sponsors, and individuals with a bona fide connection to the covered individual. The amendment will take effect 180 days after the Act's enactment. This section does not limit existing rights to counsel under certain provisions of law.

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Access to Counsel Act

Last updated: 2/4/2025 · Introduced: 2/4/2025

Author: Pramila Jayapal (D-WA)

TL;DR (AI)

The Access to Counsel Act amends immigration law to guarantee individuals undergoing inspection at ports of entry a meaningful opportunity to consult with counsel and an interested party within one hour of the secondary inspection process.
Lawful permanent residents must be offered the chance to seek legal advice before having their Form I-407 Record of Abandonment accepted, unless they knowingly waive this opportunity.
The bill expands the definition of 'counsel' to include accredited representatives and defines 'covered individual' to encompass various immigration statuses, including U.S. nationals, lawful permanent residents, and visa holders.

119th Congressin committeeOfficial page

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Other Sections

Includes provisions on preamble, short title., and 1 more.

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