Access to Counsel Act of 2025
Access to Counsel Act of 2025
Plain Language Summary
# Access to Counsel Act of 2025 - Summary **What the Bill Does** This bill would ensure that people entering the United States—including U.S. citizens, legal permanent residents, visa holders, asylum seekers, and refugees—have the right to speak with a lawyer during secondary inspections (more thorough questioning by border officials). Under the bill, the Department of Homeland Security would be required to allow these individuals to consult with a lawyer or family member within one hour of being taken for secondary inspection and throughout the process. The lawyer or family member could advocate for the person and present evidence to the immigration officer handling the inspection. **Who It Affects & Key Provisions** The bill primarily affects travelers and immigrants going through secondary inspections at U.S.
borders, particularly non-citizens and legal permanent residents. An important provision protects lawful permanent residents from being pressured to give up their legal status during inspections without proper legal representation. The bill aims to ensure people have access to legal counsel to protect their rights during what can be a consequential questioning process. **Current Status** The bill (S. 391) was introduced in the 119th Congress by Senator Alex Padilla (D-CA) and is currently in committee, meaning it has not yet been voted on by the full Senate.
CRS Official Summary
Access to Counsel Act of 2025This bill provides various protections for covered individuals subject to secondary or deferred inspections when seeking admission into the United States. Covered individuals include U.S. nationals, lawful permanent residents, non-U.S. nationals (aliens under federal law) in possession of a visa, returning asylees, and refugees.The Department of Homeland Security must ensure that a covered individual subject to secondary or deferred inspection has a meaningful opportunity to consult with counsel and certain related parties, such as a relative, within an hour of the start of the secondary inspection and as necessary during the inspection process. The counsel and related party must be allowed to advocate on behalf of the covered individual, including by providing evidence and information to the examining immigration officer.A lawful permanent resident subject to secondary or deferred inspection may not abandon lawful permanent resident status until the individual has had a meaningful opportunity to seek advice from counsel, unless the individual voluntarily and knowingly waives in writing this opportunity to seek counsel's advice.
Latest Action
Read twice and referred to the Committee on the Judiciary. (Sponsor introductory remarks on measure: CR S595-596)