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II
117TH CONGRESS
1ST SESSION
S. 1912
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.
IN THE SENATE OF THE UNITED STATES
MAY 27, 2021
Mr. PADILLA (for himself, Mr. COONS, Mr. DURBIN, Ms. WARREN, Mr.
BOOKER, Mr. MARKEY, Ms. CORTEZ MASTO, and Ms. HIRONO) intro-
duced the following bill; which was read twice and referred to the Com-
mittee on the Judiciary
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.
Be it enacted by the Senate and House of Representa-
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tives of the United States of America in Congress assembled,
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SECTION 1. SHORT TITLE.
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This Act may be cited as the ‘‘Access to Counsel Act
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of 2021’’.
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•S 1912 IS
SEC. 2. ACCESS TO COUNSEL AND OTHER ASSISTANCE AT
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PORTS OF ENTRY AND DURING DEFERRED
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INSPECTION.
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(a) ACCESS TO COUNSEL AND OTHER ASSISTANCE
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DURING INSPECTION.—Section 235 of the Immigration
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and Nationality Act (8 U.S.C. 1225) is amended by add-
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ing at the end the following:
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‘‘(e) ACCESS TO COUNSEL AND OTHER ASSISTANCE
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DURING INSPECTION AT PORTS OF ENTRY AND DURING
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DEFERRED INSPECTION.—
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‘‘(1) IN GENERAL.—The Secretary of Homeland
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Security shall ensure that a covered individual has
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a meaningful opportunity to consult with counsel
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and an interested party during the inspection proc-
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ess.
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‘‘(2) SCOPE OF ASSISTANCE.—The Secretary of
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Homeland Security shall—
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‘‘(A) provide the covered individual a
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meaningful opportunity to consult (including
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consultation via telephone) with counsel and an
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interested party not later than one hour after
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the secondary inspection process commences
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and as necessary throughout the remainder of
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the inspection process, including, as applicable,
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during deferred inspection;
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•S 1912 IS
‘‘(B) allow counsel and an interested party
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to advocate on behalf of the covered individual,
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including by providing to the examining immi-
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gration officer information, documentation, and
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other evidence in support of the covered indi-
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vidual; and
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‘‘(C) to the greatest extent practicable, ac-
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commodate a request by the covered individual
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for counsel or an interested party to appear in
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person at the secondary or deferred inspection
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site.
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‘‘(3) SPECIAL RULE FOR LAWFUL PERMANENT
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RESIDENTS.—
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‘‘(A) IN GENERAL.—Except as provided in
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subparagraph (B), the Secretary of Homeland
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Security may not accept a Form I-407 Record
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of Abandonment of Lawful Permanent Resident
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Status (or a successor form) from a lawful per-
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manent resident subject to secondary or de-
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ferred inspection without first providing such
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lawful permanent resident a meaningful oppor-
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tunity to seek advice from counsel.
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‘‘(B)
EXCEPTION.—The
Secretary
of
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Homeland Security may accept Form I-407
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Record of Abandonment of Lawful Permanent
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Resident Status (or a successor form) from a
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lawful permanent resident subject to secondary
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or deferred inspection if such lawful permanent
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resident knowingly, intelligently, and voluntarily
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waives, in writing, the opportunity to seek ad-
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vice from counsel.
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‘‘(4) DEFINITIONS.—In this section:
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‘‘(A)
COUNSEL.—The
term
‘counsel’
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means—
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‘‘(i) an attorney who is a member in
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good standing of the bar of any State, the
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District of Columbia, or a territory or a
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possession of the United States and is not
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under an order suspending, enjoining, re-
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straining, disbarring, or otherwise restrict-
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ing the attorney in the practice of law; or
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‘‘(ii) an individual accredited by the
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Attorney General, acting as a representa-
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tive of an organization recognized by the
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Executive Office for Immigration Review,
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to represent a covered individual in immi-
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gration matters.
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‘‘(B) COVERED
INDIVIDUAL.—The term
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‘covered individual’ means an individual subject
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to secondary or deferred inspection who is—
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‘‘(i) a national of the United States;
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‘‘(ii) an immigrant, lawfully admitted
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for permanent residence, who is returning
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from a temporary visit abroad;
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‘‘(iii) an alien seeking admission as an
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immigrant in possession of a valid unex-
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pired immigrant visa;
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‘‘(iv) an alien seeking admission as a
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nonimmigrant in possession of a valid un-
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expired nonimmigrant visa;
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‘‘(v) a refugee;
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‘‘(vi) a returning asylee; or
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‘‘(vii) an alien who has been approved
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for parole under section 212(d)(5)(A), in-
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cluding an alien who is returning to the
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United States in possession of a valid ad-
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vance parole document.
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‘‘(C) INTERESTED PARTY.—The term ‘in-
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terested party’ means—
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‘‘(i) a relative of the covered indi-
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vidual;
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‘‘(ii) in the case of a covered indi-
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vidual to whom an immigrant or a non-
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immigrant visa has been issued, the peti-
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tioner or sponsor thereof (including an
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agent of such petitioner or sponsor); or
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‘‘(iii) a person, organization, or entity
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in the United States with a bona fide con-
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nection to the covered individual.’’.
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(b) EFFECTIVE DATE.—The amendment made by
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subsection (a) shall take effect 180 days after the date
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of the enactment of this Act.
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(c) SAVINGS PROVISION.—Nothing in this Act, or in
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any amendment made by this Act, may be construed to
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limit a right to counsel or any right to appointed counsel
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under—
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(1) section 240(b)(4)(A) of the Immigration
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and Nationality Act (8 U.S.C. 1229a(b)(4)(A));
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(2) section 292 of such Act (8 U.S.C. 1362); or
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(3) any other provision of law, including any
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final court order securing such rights,
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as in effect on the day before the date of the enactment
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of this Act.
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Æ
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