[Congressional Record Volume 171, Number 23 (Tuesday, February 4, 2025)]
[Senate]
[Pages S595-S596]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




          STATEMENTS ON INTRODUCED BILLS AND JOINT RESOLUTIONS

      By Mr. PADILLA (for himself, Mr. Blumenthal, Mr. Booker, Mr. 
        Coons, Ms. Cortez Masto, Ms. Duckworth, Mr. Durbin, Mr. 
        Hickenlooper, Ms. Hirono, Mr. Markey, Mrs. Murray, Ms. Rosen, 
        Mr. Schiff, Ms. Warren, and Mr. Welch):
  S. 391. 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. Mr. 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 have access to legal counsel if they are 
held by Customs and Border Protection at ports of entry or at airports.
  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 1 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 being held at a port of entry, including by providing 
information or documentation in support of the individual.
  It also invalidates any effort by CBP to persuade a lawful permanent 
resident to relinquish their legal status if that person has been 
denied access to counsel or voluntarily waives in writing their right 
to counsel.
  In 2017, under the first Trump administration, a Muslim ban was 
implemented, and thousands of U.S. citizens, green card holders, and 
others with valid visas were detained at airports for hours.

[[Page S596]]

  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 early 2020, for example, dozens of Iranian Americans were held at 
the northern border in Blaine, WA, for 12 hours without access to 
counsel.
  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 able to call counsel, family, or 
someone to support them. It is imperative that we are prepared this 
time and ensure that Americans and those with a legal right to be here 
have access to representation if they are held at a port of entry.
  With a second Trump administration beginning, we must be ready for 
similar policies to be implemented and be proactive about trying to 
place guardrails against these abuses.

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