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Union Calendar No. 332 

116TH CONGRESS 

2D SESSION H. R. 5581 

[Report No. 116–412, Part I] 

To clarify the rights of all persons who are held or detained at a port 

of entry or at any detention facility overseen by U.S. Customs and 

Border Protection or U.S. Immigration and Customs Enforcement. 

IN THE HOUSE OF REPRESENTATIVES 

JANUARY 10, 2020 

Ms. JAYAPAL (for herself, Mr. NADLER, Ms. BONAMICI, Ms. JUDY CHU of 

California, Ms. CLARKE of New York, Mr. DEUTCH, Ms. NORTON, Mr. 

JOHNSON of Georgia, Mr. KILMER, Ms. LOFGREN, Mr. MCGOVERN, Mr. 

QUIGLEY, Mr. RASKIN, Ms. ROYBAL-ALLARD, Mr. RUSH, Ms. SCHAKOWSKY, Mr. SCHIFF, Mr. SCHNEIDER, Mr. SMITH of Washington, Mr. 

SWALWELL of California, Mrs. WATSON COLEMAN, and Ms. WASSERMAN

SCHULTZ) introduced the following bill; which was referred to the Committee on the Judiciary, and in addition to the Committee on Homeland 

Security, for a period to be subsequently determined by the Speaker, in 

each case for consideration of such provisions as fall within the jurisdiction of the committee concerned 

MARCH 5, 2020 

Additional sponsors: Ms. ESHOO, Mr. LARSEN of Washington, Mr. BLUMENAUER, Mr. GARCI ́A of Illinois, Ms. BARRAGA ́N, Mr. CONNOLLY, Mrs. 

NAPOLITANO, Mr. GRIJALVA, Mr. HASTINGS, Ms. PRESSLEY, Mr. 

KHANNA, Mr. ENGEL, Ms. LEE of California, Mr. LEVIN of Michigan, 

Mr. KILDEE, Mr. GALLEGO, Mr. CICILLINE, Mr. POCAN, Ms. ESCOBAR, 

Mr. ESPAILLAT, Mr. TED LIEU of California, Mr. CORREA, Mr. LEWIS, 

Ms. DELAURO, Ms. SCANLON, Ms. GARCIA of Texas, Mrs. MURPHY of 

Florida, Mr. LOWENTHAL, and Mr. KENNEDY

MARCH 5, 2020 

Reported from the Committee on the Judiciary with an amendment 

[Strike out all after the enacting clause and insert the part printed in italic] 


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MARCH 5, 2020 

Committee on Homeland Security discharged; committed to the Committee of 

the Whole House on the State of the Union and ordered to be printed 

[For text of introduced bill, see copy of bill as introduced on January 10, 2020] 

A BILL 

To clarify the rights of all persons who are held or detained 

at a port of entry or at any detention facility overseen 

by U.S. Customs and Border Protection or U.S. Immigration and Customs Enforcement. 


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1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Access to Counsel Act 

5 of 2020’’. 

6 SEC. 2. ACCESS TO COUNSEL AND OTHER ASSISTANCE AT 

7 PORTS OF ENTRY AND DEFERRED INSPEC8 TION. 

9 (a) ACCESS TO COUNSEL AND OTHER ASSISTANCE

10 DURING INSPECTION.—Section 235 of the Immigration and 

11 Nationality Act (8 U.S.C. 1225) is amended by adding at 

12 the end the following: 

13 ‘‘(e) ACCESS TO COUNSEL AND OTHER ASSISTANCE

14 DURING INSPECTION.— 

15 ‘‘(1) IN GENERAL.—The Secretary of Homeland 

16 Security shall ensure that a covered individual has a 

17 meaningful opportunity to consult with counsel and 

18 an interested party during the inspection process. 

19 ‘‘(2) SCOPE OF ASSISTANCE.—The Secretary of 

20 Homeland Security shall— 

21 ‘‘(A) provide the covered individual a 

22 meaningful opportunity to consult with counsel 

23 and an interested party not later than one hour 

24 after the secondary inspection process commences 

25 and as necessary throughout the inspection procVerDate Sep 11 2014 21:41 Mar 05, 2020 Jkt 099200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6203 E:\BILLS\H5581.RH H5581

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1 ess, including, as applicable, during deferred in2 spection; 

3 ‘‘(B) allow counsel and an interested party 

4 to advocate on behalf of the covered individual, 

5 including by providing to the examining immi6 gration officer information, documentation, and 

7 other evidence in support of the covered indi8 vidual; and 

9 ‘‘(C) to the greatest extent practicable, ac10 commodate a request by the covered individual 

11 for counsel or an interested party to appear in12 person at the secondary or deferred inspection 

13 site. 

14 ‘‘(3) SPECIAL RULE FOR LAWFUL PERMANENT

15 RESIDENTS.— 

16 ‘‘(A) IN GENERAL.—The Secretary of Home17 land Security may not accept Form I-407 

18 Record of Abandonment of Lawful Permanent 

19 Resident Status (or a successor form) from a 

20 lawful permanent resident subject to secondary 

21 or deferred inspection without providing such 

22 lawful permanent resident a reasonable oppor23 tunity to seek advice from counsel prior to the 

24 submission of the form. 


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1 ‘‘(B) EXCEPTION.—The Secretary of Home2 land Security may accept Form I-407 Record of 

3 Abandonment of Lawful Permanent Resident 

4 Status (or a successor form) from a lawful per5 manent resident subject to secondary or deferred 

6 inspection if such lawful permanent resident 

7 knowingly, intelligently, and voluntarily waives, 

8 in writing, the opportunity to seek advice from 

9 counsel. 

10 ‘‘(4) DEFINITIONS.—In this section: 

11 ‘‘(A) COUNSEL.—The term ‘counsel’ 

12 means— 

13 ‘‘(i) an attorney who is a member in 

14 good standing of the bar of any State, the 

15 District of Columbia, or a territory or a 

16 possession of the United States and is not 

17 under an order suspending, enjoining, re18 straining, disbarring, or otherwise restrict19 ing the attorney in the practice of law; or 

20 ‘‘(ii) an individual accredited by the 

21 Attorney General, acting as a representative 

22 of an organization recognized by the Execu23 tive Office for Immigration Review, to rep24 resent a covered individual in immigration 

25 matters. 


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1 ‘‘(B) COVERED INDIVIDUAL.—The term ‘cov2 ered individual’ means an individual subject to 

3 secondary or deferred inspection who is— 

4 ‘‘(i) a national of the United States; 

5 ‘‘(ii) an immigrant, lawfully admitted 

6 for permanent residence, who is returning 

7 from a temporary visit abroad; 

8 ‘‘(iii) an alien seeking admission as an 

9 immigrant in possession of a valid unex10 pired immigrant visa; 

11 ‘‘(iv) an alien seeking admission as a 

12 non-immigrant in possession of a valid un13 expired non-immigrant visa; 

14 ‘‘(v) a refugee; or 

15 ‘‘(vi) an alien who has been approved 

16 for parole under section 212(d)(5)(A), in17 cluding an alien who is returning to the 

18 United States in possession of a valid ad19 vance parole document. 

20 ‘‘(C) INTERESTED PARTY.—The term ‘inter21 ested party’ means— 

22 ‘‘(i) a relative of the covered indi23 vidual; 

24 ‘‘(ii) in the case of a covered indi25 vidual to whom an immigrant or non-imVerDate Sep 11 2014 21:41 Mar 05, 2020 Jkt 099200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6203 E:\BILLS\H5581.RH H5581

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1 migrant visa has been issued, the petitioner 

2 or sponsor thereof (including an agent of 

3 such petitioner or sponsor); or 

4 ‘‘(iii) a person, organization, or entity 

5 in the United States with a bona fide con6 nection to the covered individual.’’. 

7 (b) EFFECTIVE DATE.—The amendment made by sub8 section (a) shall take effect 180 days after the date of the 

9 enactment of this Act. 

10 (c) SAVINGS PROVISION.—Nothing in this Act, or in 

11 any amendment made by this Act, may be construed to 

12 limit a right to counsel or any right to appointed counsel 

13 under— 

14 (1) section 240(b)(4)(A) (8 U.S.C. 

15 1229a(b)(4)(A)), 

16 (2) section 292 of the Immigration and Nation17 ality Act (8 U.S.C. 1362), or 

18 (3) any other provision of law, including any 

19 final court order securing such rights, 

20 as in effect on the day before the date of the enactment of 

21 this Act. 


pamtmann on DSKBC07HB2PROD with BILLS
Union Calendar No. 332 

116TH CONGRESS 

2D SESSION H. R. 5581 

[Report No. 116–412, Part I] 

A BILL 

To clarify the rights of all persons who are held or 

Enforcement. Protection or U.S. Immigration and Customs facility overseen by U.S. Customs and Border detained at a port of entry or at any detention 

MARCH 5, 2020 

Reported from the Committee on the Judiciary with an 

amendment 

MARCH 5, 2020 

Committee on Homeland Security discharged; committed 

the Union and ordered to be printed to the Committee of the Whole House on the State of 


pamtmann on DSKBC07HB2PROD with BILLS