Ensures individuals at ports of entry have access to legal counsel during inspection, including secondary and deferred inspection, and protects lawful permanent residents' right to seek legal advice before abandoning their status.
Pramila Jayapal
Representative
WA-7
The "Access to Counsel Act" amends the Immigration and Nationality Act to guarantee individuals undergoing inspection at ports of entry or deferred inspection have access to legal counsel and assistance. It mandates that the Department of Homeland Security provide these individuals with the opportunity to consult with counsel within one hour of secondary inspection and allows counsel to advocate on their behalf. The Act also ensures lawful permanent residents are given the chance to seek legal advice before abandoning their residency status. This act aims to ensure due process and protect the rights of individuals during immigration inspections.
Access to Counsel Act: Guarantees Legal Help at Border Inspections, Starts in 180 Days
The "Access to Counsel Act" is pretty straightforward: it makes sure people dealing with immigration at ports of entry and deferred inspection sites have a right to legal counsel. This includes U.S. nationals, green card holders, people with valid visas, refugees, and asylees (defined as "Covered Individuals" in the bill, SEC. 2.).
Making Sure It's Fair
This law tackles a real issue: folks navigating complex immigration processes, often under stress, without legal guidance. It sets clear rules to level the playing field. Specifically, the Secretary of Homeland Security must give people a chance to talk to a lawyer (and a relative, sponsor, or other connected person – an "Interested Party") within one hour of starting a secondary inspection (SEC. 2.). And it's not just a one-time thing; they can get legal help throughout the whole process. Lawyers and interested parties can also submit information and advocate for the person being inspected.
Real-World Impact
Imagine a green card holder returning from a family emergency abroad. They're tired, stressed, and get pulled into secondary inspection. Under this law, they're guaranteed a chance to call a lawyer within an hour. That lawyer can explain their rights, review documents, and make sure everything is handled correctly. Or picture someone with a valid visa who gets confused by an officer's questions. Now, they can have a lawyer or advocate present to help clarify things. This is all a big shift from the current system, where access to counsel isn't always guaranteed.
Protecting Green Card Holders
There's a specific part of this bill that's crucial for lawful permanent residents (LPRs). Sometimes, under pressure, LPRs sign a form called I-407, which means they're giving up their green card. This law says Homeland Security can't accept that form unless the person has had a chance to talk to a lawyer first, unless they knowingly and voluntarily waive this right in writing (SEC. 2.). This prevents people from making life-altering decisions without understanding the consequences.
What "Counsel" Means
The bill is also clear about who counts as "counsel." It means a licensed attorney in good standing, or someone accredited by the Attorney General to represent people in immigration cases (SEC. 2.). This ensures that the legal help people receive is from qualified professionals.
Kicking In Soon
This change takes effect 180 days after it's enacted, giving authorities time to adjust. It also explicitly states that it doesn't limit any existing rights to counsel under other laws (SEC. 2.). So, this is adding to, not taking away from, existing protections. While there will be challenges in implementation, it is a good step forward.