[Congressional Record Volume 169, Number 27 (Thursday, February 9, 2023)]
[Senate]
[Page S317]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. PADILLA (for himself, Mr. Blumenthal, Mr. Booker, Mr. 
        Cardin, Mr. Coons, Ms. Cortez Masto, Ms. Duckworth, Mr. Durbin, 
        Mrs. Gillibrand, Mr. Hickenlooper, Ms. Hirono, Mr. Lujan, Mr. 
        Markey, Mrs. Murray, Mr. Sanders, Mr. Van Hollen, Ms. Warren, 
        and Mr. Welch):
  S. 342. A bill to clarify the rights of certain persons who are held 
or detained at a port of entry or at any facility overseen by U.S. 
Customs and Border Protection; to the Committee on the Judiciary.
  Mr. PADILLA. Madam President, I rise to introduce the Access to 
Counsel Act.
  This legislation would ensure that all individuals with a legal right 
to be in the United States who are held by Customs and Border 
Protection at ports of entry or airports have access to legal counsel.
  This legislation would ensure that individuals who have a legal right 
to be in the United States and are held by Customs and Border 
Protection in secondary inspection at airports or other points of entry 
for more than an hour are granted an opportunity to access legal 
counsel and an interested party. An interested party is defined as a 
family member, sponsor, or organization with a connection to the 
individual.
  The bill creates no obligation for the Federal Government to pay for 
counsel and allows counsel the ability to advocate on behalf of the 
individual by providing information or documentation in support of the 
individual.
  It also invalidates any effort by CBP to persuade someone to 
relinquish their legal status if that person has been denied access to 
counsel or voluntarily waives in writing their right to counsel.
  There have been repeated reports of CBP detaining individuals based 
on their nationality. In 2017, the first Muslim ban was implemented, 
and thousands of U.S. citizens, green card holders, and others with 
valid visas were detained at airports for hours.
  They were held by CBP officers without any ability to call a lawyer, 
relative, or advocate. Many Members of Congress rushed to the airports 
in an attempt to help these individuals and were barred from speaking 
to them or connecting them with attorneys.
  In addition, 200 Iranian-Americans were held at the northern border 
in Blaine, WA, for 12 hours without access to counsel in early 2020.
  Everyone who has valid travel documents and is seeking entry to the 
United States should be afforded due process. If CBP refers someone to 
secondary inspection, they should be apprised of their right to call 
counsel or an interested party. It is imperative that Americans and 
those with a legal right to be here have access to representation if 
they are held at a port of entry.
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