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Access to Counsel Act
3/5/2025, 10:08 AM
Summary of Bill HR 944
Specifically, the bill outlines that individuals who are held or detained at a port of entry or CBP facility have the right to access legal counsel, contact their consulate or embassy, and receive medical care if needed. Additionally, the bill prohibits the use of excessive force or cruel and unusual punishment against detained individuals.
The bill also requires CBP to provide detained individuals with information about their rights and the reason for their detention. It further mandates that CBP must maintain accurate records of individuals who are detained, including their personal information and the circumstances of their detention. Overall, Bill 119 hr 944 aims to ensure that individuals who are held or detained at ports of entry or CBP facilities are treated fairly and in accordance with their rights under the law. It seeks to provide clarity and transparency in the detention process and to prevent the abuse of power by CBP officials.
Congressional Summary of HR 944
Access to Counsel Act
This 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.
