Access to Counsel Act of 2025
United States119th CongressS-391Senate
Updated: Feb 4, 2025
Summary
The "Access to Counsel Act of 2025" aims to enhance the rights of certain 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 , including U.S. nationals, lawful permanent residents, and various visa holders, have a meaningful opportunity to consult with counsel and an interested party during secondary or deferred inspection processes. This legislation mandates that such consultation must be provided within one hour of secondary inspection commencing and continue as needed throughout the inspection. Counsel and interested parties are explicitly allowed to advocate for the individual, including by submitting information and documentation to examining officers. Furthermore, the bill establishes a special rule for lawful permanent residents, prohibiting the acceptance of a Form I-407 (Record of Abandonment of Lawful Permanent Resident Status) without first offering a meaningful opportunity to seek advice from counsel, unless this right is knowingly and voluntarily waived in writing.
Bill texts
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Timeline
Read twice and referred to the Committee on the Judiciary. (Sponsor introductory remarks on measure: CR S595-596)
Senate
Introduced in Senate
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