Access to Counsel Act
Sponsored By: Representative Jayapal, Pramila [D-WA-7]
Introduced
Summary
Guarantees meaningful access to counsel during secondary and deferred inspections at U.S. ports of entry. This bill would require the Secretary of Homeland Security to let a covered individual consult with an attorney or other interested party by phone within 1 hour of secondary inspection and as needed throughout the inspection and any deferred inspection.
Show full summary
- Families and travelers would get a fast chance to seek legal advice during inspections, including phone access within 1 hour and continued consultation as needed.
- Lawful permanent residents would be protected from having a Form I-407 abandonment accepted during inspection unless they first get a meaningful chance to seek counsel or they knowingly waive that right in writing.
- Attorneys and accredited representatives could consult, provide documents, and advocate for covered individuals, and the agency must, when practicable, allow in-person appearances at inspection sites.
- Relatives, petitioners, sponsors, and organizations with a bona fide connection may act as interested parties and participate in or support the inspection process.
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Bill Overview
Analyzed Economic Effects
2 provisions identified: 2 benefits, 0 costs, 0 mixed.
More access to lawyers at ports
If enacted, the bill would require DHS to give covered people a meaningful chance to consult a lawyer and an interested party during secondary or deferred inspection. The agency would have to offer that consultation, including by phone, within one hour after secondary inspection starts and as needed through the inspection. Lawyers and interested parties could speak for the person and give documents to the officer. The agency would, to the greatest extent practicable, allow in-person appearances. For green card holders, officials could not accept Form I-407 without first offering a chance to seek advice from counsel, unless the green card holder knowingly and voluntarily waives that chance in writing. These rules would take effect 180 days after enactment.
Existing legal counsel rights preserved
If enacted, the bill would say nothing in this Act may be read to limit any right to counsel or to appointed counsel that existed on the day before enactment. It would preserve rights under section 240(b)(4)(A), section 292, other law, and any final court orders in effect immediately before enactment.
Sponsors & CoSponsors
Sponsor
Jayapal, Pramila [D-WA-7]
WA • D
Cosponsors
Rep. Ansari, Yassamin [D-AZ-3]
AZ • D
Sponsored 2/4/2025
Barragan
CA • D
Sponsored 2/4/2025
Bonamici
OR • D
Sponsored 2/4/2025
Rep. Casar, Greg [D-TX-35]
TX • D
Sponsored 2/4/2025
Casten
IL • D
Sponsored 2/4/2025
Cherfilus-McCormick
FL • D
Sponsored 2/4/2025
Rep. Chu, Judy [D-CA-28]
CA • D
Sponsored 2/4/2025
Rep. Clarke, Yvette D. [D-NY-9]
NY • D
Sponsored 2/4/2025
Crockett
TX • D
Sponsored 2/4/2025
Davis (IL)
IL • D
Sponsored 2/4/2025
Rep. DeGette, Diana [D-CO-1]
CO • D
Sponsored 2/4/2025
Espaillat
NY • D
Sponsored 2/4/2025
Rep. Garcia, Sylvia R. [D-TX-29]
TX • D
Sponsored 2/4/2025
Rep. García, Jesús G. "Chuy" [D-IL-4]
IL • D
Sponsored 2/4/2025
Grijalva
AZ • D
Sponsored 2/4/2025
Johnson (GA)
GA • D
Sponsored 2/4/2025
Khanna
CA • D
Sponsored 2/4/2025
Rep. Krishnamoorthi, Raja [D-IL-8]
IL • D
Sponsored 2/4/2025
Rep. Lee, Summer L. [D-PA-12]
PA • D
Sponsored 2/4/2025
Rep. Leger Fernandez, Teresa [D-NM-3]
NM • D
Sponsored 2/4/2025
Rep. Lieu, Ted [D-CA-36]
CA • D
Sponsored 2/4/2025
Lofgren
CA • D
Sponsored 2/4/2025
McBride
DE • D
Sponsored 2/4/2025
McGovern
MA • D
Sponsored 2/4/2025
Rep. McIver, LaMonica [D-NJ-10]
NJ • D
Sponsored 2/4/2025
Rep. Meng, Grace [D-NY-6]
NY • D
Sponsored 2/4/2025
Rep. Moore, Gwen [D-WI-4]
WI • D
Sponsored 2/4/2025
Rep. Nadler, Jerrold [D-NY-12]
NY • D
Sponsored 2/4/2025
Del. Norton, Eleanor Holmes [D-DC-At Large]
DC • D
Sponsored 2/4/2025
Rep. Pocan, Mark [D-WI-2]
WI • D
Sponsored 2/4/2025
Rep. Quigley, Mike [D-IL-5]
IL • D
Sponsored 2/4/2025
Rep. Ramirez, Delia C. [D-IL-3]
IL • D
Sponsored 2/4/2025
Rep. Scanlon, Mary Gay [D-PA-5]
PA • D
Sponsored 2/4/2025
Schakowsky
IL • D
Sponsored 2/4/2025
Smith (WA)
WA • D
Sponsored 2/4/2025
Stansbury
NM • D
Sponsored 2/4/2025
Swalwell
CA • D
Sponsored 2/4/2025
Rep. Tlaib, Rashida [D-MI-12]
MI • D
Sponsored 2/4/2025
Rep. Tokuda, Jill N. [D-HI-2]
HI • D
Sponsored 2/4/2025
Rep. Vargas, Juan [D-CA-52]
CA • D
Sponsored 2/4/2025
Rep. Velázquez, Nydia M. [D-NY-7]
NY • D
Sponsored 2/4/2025
Rep. Wasserman Schultz, Debbie [D-FL-25]
FL • D
Sponsored 2/4/2025
Rep. Williams, Nikema [D-GA-5]
GA • D
Sponsored 2/4/2025
Rep. Raskin, Jamie [D-MD-8]
MD • D
Sponsored 2/4/2025
Rep. Pressley, Ayanna [D-MA-7]
MA • D
Sponsored 2/4/2025
Rep. Goldman, Daniel S. [D-NY-10]
NY • D
Sponsored 2/4/2025
Carson
IN • D
Sponsored 2/5/2025
Rep. Sánchez, Linda T. [D-CA-38]
CA • D
Sponsored 2/5/2025
Rep. Omar, Ilhan [D-MN-5]
MN • D
Sponsored 2/5/2025
Rep. Brownley, Julia [D-CA-26]
CA • D
Sponsored 2/7/2025
Rep. Huffman, Jared [D-CA-2]
CA • D
Sponsored 2/10/2025
Rep. Dexter, Maxine [D-OR-3]
OR • D
Sponsored 2/10/2025
Rep. Evans, Dwight [D-PA-3]
PA • D
Sponsored 2/10/2025
Rep. Balint, Becca [D-VT-At Large]
VT • D
Sponsored 2/11/2025
Escobar
TX • D
Sponsored 2/12/2025
Simon
CA • D
Sponsored 2/25/2025
Rep. Kamlager-Dove, Sydney [D-CA-37]
CA • D
Sponsored 2/25/2025
Rep. Correa, J. Luis [D-CA-46]
CA • D
Sponsored 3/10/2025
Rep. Carbajal, Salud O. [D-CA-24]
CA • D
Sponsored 3/18/2025
Pingree
ME • D
Sponsored 3/21/2025
Rep. Bell, Wesley [D-MO-1]
MO • D
Sponsored 3/25/2025
Cisneros
CA • D
Sponsored 3/25/2025
Ocasio-Cortez
NY • D
Sponsored 4/7/2025
Rep. Latimer, George [D-NY-16]
NY • D
Sponsored 4/30/2025
Rep. DeSaulnier, Mark [D-CA-10]
CA • D
Sponsored 5/14/2025
Rep. Thanedar, Shri [D-MI-13]
MI • D
Sponsored 7/2/2025
Rep. Doggett, Lloyd [D-TX-37]
TX • D
Sponsored 9/11/2025
Rep. Hoyle, Val T. [D-OR-4]
OR • D
Sponsored 9/15/2025
Fletcher
TX • D
Sponsored 9/26/2025
Rep. Frankel, Lois [D-FL-22]
FL • D
Sponsored 9/30/2025
Rep. Tran, Derek [D-CA-45]
CA • D
Sponsored 11/17/2025
Rep. Ross, Deborah K. [D-NC-2]
NC • D
Sponsored 4/21/2026
Roll Call Votes
No roll call votes available for this bill.
View on Congress.gov