[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5581 Reported in House (RH)]

<DOC>





                                                 Union Calendar No. 332
116th CONGRESS
  2d Session
                                H. R. 5581

                      [Report No. 116-412, Part I]

To clarify the rights of all persons who are held or detained at a port 
  of entry or at any detention facility overseen by U.S. Customs and 
     Border Protection or U.S. Immigration and Customs Enforcement.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            January 10, 2020

  Ms. Jayapal (for herself, Mr. Nadler, Ms. Bonamici, Ms. Judy Chu of 
California, Ms. Clarke of New York, Mr. Deutch, Ms. Norton, Mr. Johnson 
  of Georgia, Mr. Kilmer, Ms. Lofgren, Mr. McGovern, Mr. Quigley, Mr. 
 Raskin, Ms. Roybal-Allard, Mr. Rush, Ms. Schakowsky, Mr. Schiff, Mr. 
 Schneider, Mr. Smith of Washington, Mr. Swalwell of California, Mrs. 
  Watson Coleman, and Ms. Wasserman Schultz) introduced the following 
  bill; which was referred to the Committee on the Judiciary, and in 
  addition to the Committee on Homeland Security, for a period to be 
subsequently determined by the Speaker, in each case for consideration 
  of such provisions as fall within the jurisdiction of the committee 
                               concerned

                             March 5, 2020

     Additional sponsors: Ms. Eshoo, Mr. Larsen of Washington, Mr. 
 Blumenauer, Mr. Garcia of Illinois, Ms. Barragan, Mr. Connolly, Mrs. 
 Napolitano, Mr. Grijalva, Mr. Hastings, Ms. Pressley, Mr. Khanna, Mr. 
 Engel, Ms. Lee of California, Mr. Levin of Michigan, Mr. Kildee, Mr. 
Gallego, Mr. Cicilline, Mr. Pocan, Ms. Escobar, Mr. Espaillat, Mr. Ted 
 Lieu of California, Mr. Correa, Mr. Lewis, Ms. DeLauro, Ms. Scanlon, 
  Ms. Garcia of Texas, Mrs. Murphy of Florida, Mr. Lowenthal, and Mr. 
                                Kennedy

                             March 5, 2020

     Reported from the Committee on the Judiciary with an amendment
 [Strike out all after the enacting clause and insert the part printed 
                               in italic]


                             March 5, 2020

 Committee on Homeland Security discharged; committed to the Committee 
 of the Whole House on the State of the Union and ordered to be printed
[For text of introduced bill, see copy of bill as introduced on January 
                               10, 2020]


_______________________________________________________________________

                                 A BILL


 
To clarify the rights of all persons who are held or detained at a port 
  of entry or at any detention facility overseen by U.S. Customs and 
     Border Protection or U.S. Immigration and Customs Enforcement.


 


    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Access to Counsel Act of 2020''.

SEC. 2. ACCESS TO COUNSEL AND OTHER ASSISTANCE AT PORTS OF ENTRY AND 
              DEFERRED INSPECTION.

    (a) Access to Counsel and Other Assistance During Inspection.--
Section 235 of the Immigration and Nationality Act (8 U.S.C. 1225) is 
amended by adding at the end the following:
    ``(e) Access to Counsel and Other Assistance During Inspection.--
            ``(1) In general.--The Secretary of Homeland Security shall 
        ensure that a covered individual has a meaningful opportunity 
        to consult with counsel and an interested party during the 
        inspection process.
            ``(2) Scope of assistance.--The Secretary of Homeland 
        Security shall--
                    ``(A) provide the covered individual a meaningful 
                opportunity to consult with counsel and an interested 
                party not later than one hour after the secondary 
                inspection process commences and as necessary 
                throughout the inspection process, including, as 
                applicable, during deferred inspection;
                    ``(B) allow counsel and an interested party to 
                advocate on behalf of the covered individual, including 
                by providing to the examining immigration officer 
                information, documentation, and other evidence in 
                support of the covered individual; and
                    ``(C) to the greatest extent practicable, 
                accommodate a request by the covered individual for 
                counsel or an interested party to appear in-person at 
                the secondary or deferred inspection site.
            ``(3) Special rule for lawful permanent residents.--
                    ``(A) In general.--The Secretary of Homeland 
                Security may not accept Form I-407 Record of 
                Abandonment of Lawful Permanent Resident Status (or a 
                successor form) from a lawful permanent resident 
                subject to secondary or deferred inspection without 
                providing such lawful permanent resident a reasonable 
                opportunity to seek advice from counsel prior to the 
                submission of the form.
                    ``(B) Exception.--The Secretary of Homeland 
                Security may accept Form I-407 Record of Abandonment of 
                Lawful Permanent Resident Status (or a successor form) 
                from a lawful permanent resident subject to secondary 
                or deferred inspection if such lawful permanent 
                resident knowingly, intelligently, and voluntarily 
                waives, in writing, the opportunity to seek advice from 
                counsel.
            ``(4) Definitions.--In this section:
                    ``(A) Counsel.--The term `counsel' means--
                            ``(i) an attorney who is a member in good 
                        standing of the bar of any State, the District 
                        of Columbia, or a territory or a possession of 
                        the United States and is not under an order 
                        suspending, enjoining, restraining, disbarring, 
                        or otherwise restricting the attorney in the 
                        practice of law; or
                            ``(ii) an individual accredited by the 
                        Attorney General, acting as a representative of 
                        an organization recognized by the Executive 
                        Office for Immigration Review, to represent a 
                        covered individual in immigration matters.
                    ``(B) Covered individual.--The term `covered 
                individual' means an individual subject to secondary or 
                deferred inspection who is--
                            ``(i) a national of the United States;
                            ``(ii) an immigrant, lawfully admitted for 
                        permanent residence, who is returning from a 
                        temporary visit abroad;
                            ``(iii) an alien seeking admission as an 
                        immigrant in possession of a valid unexpired 
                        immigrant visa;
                            ``(iv) an alien seeking admission as a non-
                        immigrant in possession of a valid unexpired 
                        non-immigrant visa;
                            ``(v) a refugee; or
                            ``(vi) an alien who has been approved for 
                        parole under section 212(d)(5)(A), including an 
                        alien who is returning to the United States in 
                        possession of a valid advance parole document.
                    ``(C) Interested party.--The term `interested 
                party' means--
                            ``(i) a relative of the covered individual;
                            ``(ii) in the case of a covered individual 
                        to whom an immigrant or non-immigrant visa has 
                        been issued, the petitioner or sponsor thereof 
                        (including an agent of such petitioner or 
                        sponsor); or
                            ``(iii) a person, organization, or entity 
                        in the United States with a bona fide 
                        connection to the covered individual.''.
    (b) Effective Date.--The amendment made by subsection (a) shall 
take effect 180 days after the date of the enactment of this Act.
    (c) Savings Provision.--Nothing in this Act, or in any amendment 
made by this Act, may be construed to limit a right to counsel or any 
right to appointed counsel under--
            (1) section 240(b)(4)(A) (8 U.S.C. 1229a(b)(4)(A)),
            (2) section 292 of the Immigration and Nationality Act (8 
        U.S.C. 1362), or
            (3) any other provision of law, including any final court 
        order securing such rights,
as in effect on the day before the date of the enactment of this Act.
                                                 Union Calendar No. 332

116th CONGRESS

  2d Session

                               H. R. 5581

                      [Report No. 116-412, Part I]

_______________________________________________________________________

                                 A BILL

To clarify the rights of all persons who are held or detained at a port 
  of entry or at any detention facility overseen by U.S. Customs and 
     Border Protection or U.S. Immigration and Customs Enforcement.

_______________________________________________________________________

                             March 5, 2020

     Reported from the Committee on the Judiciary with an amendment

                             March 5, 2020

 Committee on Homeland Security discharged; committed to the Committee 
 of the Whole House on the State of the Union and ordered to be printed