The "Access to Counsel Act of 2025" ensures individuals at ports of entry and during deferred inspection have access to legal counsel and assistance.
Alejandro "Alex" Padilla
Senator
CA
The "Access to Counsel Act of 2025" ensures individuals at ports of entry and during deferred inspection can access legal counsel and assistance. It allows consultations with counsel and interested parties, enabling them to advocate for the individual by providing information to examining officers. The bill also protects lawful permanent residents by ensuring they have the opportunity to seek legal advice before signing Form I-407, unless they knowingly waive that right. This act aims to provide due process and protect the rights of individuals seeking entry into the United States.
Access to Counsel Act Guarantees Legal Help for Travelers at U.S. Entry Points, Starting in 2025
The Access to Counsel Act of 2025 ensures that people arriving at U.S. ports of entry, or facing deferred inspection, have the right to talk to a lawyer and another interested party (like a family member or sponsor). This is a significant change aimed at making the immigration process fairer and more transparent.
Getting a Lawyer in Your Corner
This law sets clear rules. If you're pulled aside for secondary inspection, you're guaranteed the chance to consult with a lawyer and an interested party within one hour of that inspection starting, and throughout the entire process. This is crucial because secondary inspections can be intense and the outcomes can be life-altering. The law also states that your lawyer and interested party can actively advocate for you by providing information and documentation to the inspecting officer (Section 2). The goal is to level the playing field.
Who's Covered, and Who Can Help?
The Act defines "covered individuals" broadly. It includes U.S. nationals, lawful permanent residents returning from trips abroad, people with valid visas, refugees, returning asylees, and those approved for parole (Section 2). "Counsel" means a bar-certified attorney or someone accredited by the Attorney General (Section 2). "Interested party" can be a relative, visa sponsor, or anyone with a genuine connection to you (Section 2). This wide net ensures most people facing scrutiny at the border have support.
Protecting Green Card Holders
One key provision targets a specific, serious issue: lawful permanent residents (LPRs) potentially losing their status. The Act requires that LPRs be given the chance to talk to a lawyer before they sign Form I-407, which is the form that officially relinquishes their LPR status. Unless they knowingly waive this right in writing, they get legal advice – preventing situations where someone might unknowingly give up their right to live in the U.S. (Section 2). For example, imagine a green card holder, returning from caring for a sick relative overseas, being pressured to sign away their residency without fully understanding the consequences. This provision provides a vital safeguard.
Real-World Rollout
The law kicks in 180 days after it's enacted (Section 2). While the Act creates new rights, it doesn't take away any existing rights to counsel under other laws (Section 2). The law also requires that officials try to accommodate requests for the lawyer or interested party to be there in person, “to the maximum extent practicable” (Section 2). While there might be practical challenges in some locations, the intent is clear: in-person support is preferred.
This legislation is a major step toward a more just immigration system. It recognizes that navigating border procedures can be complex and intimidating, and that legal representation is essential for a fair process.