Access to Counsel Act

The "Access to Counsel Act" aims to clarify and strengthen the rights of individuals undergoing inspection at U.S. ports of entry or facilities overseen by U.S. Customs and Border Protection. It amends the Immigration and Nationality Act to ensure that covered individuals have a meaningful opportunity to consult with counsel and an interested party during secondary or deferred inspection processes. Specifically, the bill requires the Secretary of Homeland Security to provide this consultation opportunity within one hour of secondary inspection commencing and throughout the process. Counsel and interested parties are permitted to advocate for the individual, including by providing information and documentation to immigration officers. The Department must also accommodate requests for in-person appearances by counsel or interested parties to the greatest extent practicable. A significant provision establishes a special rule for lawful permanent residents , prohibiting the acceptance of a Form I-407 (Record of Abandonment of Lawful Permanent Resident Status) unless the individual has first been given a meaningful opportunity to seek advice from counsel. This requirement can only be waived if the LPR does so knowingly, intelligently, and voluntarily in writing. The Act defines "counsel" as a bar-certified attorney or an accredited representative, and "covered individual" includes U.S. nationals, LPRs, visa holders, refugees, asylees, and parolees subject to inspection.