Access to Counsel Act of 2020 2020-03-05 Reported to House, Part I Access to Counsel Act of 2020

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, aliens in possession of a visa, and refugees.

The Department of Homeland Security shall 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 shall 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 reasonable opportunity to seek advice from counsel, unless the individual voluntarily and knowingly waives in writing this opportunity to seek counsel's advice.

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2020-01-10 Introduced in House Access to Counsel Act of 2020

This bill establishes various protections for aliens in certain immigration-related proceedings or inspections.

When an alien is undergoing certain types of inspections or is subject to a removal, exclusion, or deportation proceeding, the alien shall be entitled to representation by counsel of the alien's choice, at no cost to the government. The current statute only states that an alien is entitled to representation in removal proceedings.

If such an alien is subject to detention or inspection at a port of entry and cannot meet with counsel, U.S. Customs and Border Protection (CBP) or U.S. Immigration and Customs Enforcement (ICE) shall provide for remote communication with counsel. If such an alien has been denied access to counsel, the alien may not submit paperwork to abandon lawful permanent resident status or to withdraw an application for admission.

The detention of an individual at a port of entry or a CBP or ICE facility shall (1) be limited to the briefest term and the least restrictive conditions necessary, and (2) include access to food, water, and restrooms.

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