Access to Counsel Act of 2025
Sponsored By: Senator Padilla, Alex [D-CA]
Introduced
Summary
Guarantees quick access to legal advice for people pulled into secondary or deferred immigration inspections at U.S. ports of entry. The bill would require the Department of Homeland Security to give covered travelers a meaningful chance to consult counsel and an interested party promptly and throughout the inspection process.
Show full summary
- Families and interested parties would be able to consult with and advocate for the traveler, provide documents and evidence, and, when practicable, appear in person at the inspection site.
- Travelers who are U.S. nationals, lawful permanent residents returning from abroad, visa holders, refugees, returning asylees, and parolees would get a meaningful opportunity to consult counsel, including by phone, not later than 1 hour after secondary inspection begins and as needed during deferred inspection.
- Lawful permanent residents could not be asked to abandon their status by signing Form I-407 until they have had a meaningful opportunity to seek counsel, unless they knowingly and voluntarily waive that opportunity in writing.
- "Counsel" is limited to licensed attorneys or individuals accredited to represent people in immigration matters under existing Executive Office for Immigration Review rules.
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Bill Overview
Analyzed Economic Effects
1 provisions identified: 1 benefits, 0 costs, 0 mixed.
More access to lawyers at inspections
If enacted, people subject to secondary or deferred inspection at U.S. ports of entry would be given a meaningful chance to consult a lawyer and an interested party. Consultation must be available, including by phone, no later than 1 hour after secondary inspection starts and as needed through deferred inspection. Counsel and interested parties could provide evidence and speak for the person, and DHS should, when practicable, allow in-person meetings. For green card holders, DHS could not accept an I-407 abandonment form without first offering time to seek advice from counsel unless the person knowingly and voluntarily signs a written waiver. The access rules and I-407 restriction would take effect 180 days after enactment. The bill would not reduce any existing rights to counsel that existed the day before enactment.
Sponsors & CoSponsors
Sponsor
Padilla, Alex [D-CA]
CA • D
Cosponsors
Sen. Blumenthal, Richard [D-CT]
CT • D
Sponsored 2/4/2025
Sen. Booker, Cory A. [D-NJ]
NJ • D
Sponsored 2/4/2025
Sen. Coons, Christopher A. [D-DE]
DE • D
Sponsored 2/4/2025
Sen. Cortez Masto, Catherine [D-NV]
NV • D
Sponsored 2/4/2025
Sen. Duckworth, Tammy [D-IL]
IL • D
Sponsored 2/4/2025
Sen. Durbin, Richard J. [D-IL]
IL • D
Sponsored 2/4/2025
John Hickenlooper
CO • D
Sponsored 2/4/2025
Sen. Hirono, Mazie K. [D-HI]
HI • D
Sponsored 2/4/2025
Sen. Markey, Edward J. [D-MA]
MA • D
Sponsored 2/4/2025
Sen. Murray, Patty [D-WA]
WA • D
Sponsored 2/4/2025
Sen. Rosen, Jacky [D-NV]
NV • D
Sponsored 2/4/2025
Sen. Schiff, Adam B. [D-CA]
CA • D
Sponsored 2/4/2025
Sen. Warren, Elizabeth [D-MA]
MA • D
Sponsored 2/4/2025
Peter Welch
VT • D
Sponsored 2/4/2025
Sen. Luján, Ben Ray [D-NM]
NM • D
Sponsored 2/11/2025
Sen. Kim, Andy [D-NJ]
NJ • D
Sponsored 5/14/2026
Roll Call Votes
No roll call votes available for this bill.
View on Congress.gov