I 

116TH CONGRESS 

2D SESSION H. R. 5581 

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 

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. 

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


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1 SECTION 1. SHORT TITLE. 

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

3 of 2020’’. 

4 SEC. 2. CLARIFICATION OF RIGHT TO COUNSEL. 

5 (a) RIGHT TO COUNSEL IN IMMIGRATION PRO6 CEEDINGS.—Section 292 of the Immigration and Nation7 ality Act (8 U.S.C. 1362) is amended to read as follows: 

8 ‘‘SEC. 292. RIGHT TO COUNSEL. 

9 ‘‘(a) IN GENERAL.—In any removal, exclusion, de10 portation proceeding, or inspection under section 235(a), 

11 235(b), 236, 238, 240, or 241, the person subject to such 

12 proceeding shall be entitled to representation (at no ex13 pense to the Government) by such authorized counsel as 

14 the person may choose. 

15 ‘‘(b) REDRESS OPTIONS.—If counsel cannot person16 ally meet with a person subject to holding, detention, or 

17 inspection at a port of entry, U.S. Customs and Border 

18 Protection or U.S. Immigration and Customs Enforce19 ment, as appropriate, shall provide redress options 

20 through which counsel may communicate remotely with 

21 the held or detained person during the first hour and 

22 thereafter of such holding or detention, regardless of the 

23 day or time when such holding or detention began. 

24 ‘‘(c) RECORD OF ABANDONMENT OF LAWFUL PER25 MANENT RESIDENT STATUS OR WITHDRAWAL OF APPLI26 CATION FOR ADMISSION.—A person held or detained at 


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1 a port of entry may not submit a valid Record of Abandon2 ment of Lawful Permanent Resident Status or Withdrawal 

3 of Application for Admission if such person has been de4 nied access to counsel in accordance with this section. 

5 ‘‘(d) DEFINITIONS.—In this section: 

6 ‘‘(1) INSPECTION.—The term ‘inspection’ does 

7 not include primary inspection (as defined in the 

8 policies of the Department of Homeland Security). 

9 ‘‘(2) PERSON.—The term ‘person’ has the 

10 meaning given the term in section 101(b)(3).’’. 

11 (b) RIGHT TO COUNSEL OR REPRESENTATION.—Sec12 tion 555(b) of title 5, United States Code, is amended by 

13 adding at the end the following: ‘‘The right to be accom14 panied, represented, and advised by counsel or other quali15 fied representative under this subsection shall extend to 

16 any person subject to a proceeding, examination, holding, 

17 or detention described in section 292 of the Immigration 

18 and Nationality Act (8 U.S.C. 1362).’’. 

19 (c) SAVINGS PROVISION.—Nothing in this section, or 

20 in any amendment made by this section, may be construed 

21 to limit any preexisting right to counsel under section 292 

22 of the Immigration and Nationality Act (8 U.S.C. 1362), 

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

24 of this Act, or under any other law. 


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1 SEC. 3. TREATMENT OF INDIVIDUALS HELD OR DETAINED 

2 AT PORTS OF ENTRY OR ANY CBP OR ICE DE3 TENTION FACILITY. 

4 (a) IN GENERAL.—The holding or detention of indi5 viduals at a port of entry or at any holding or detention 

6 facility overseen by U.S. Customs and Border Protection 

7 or U.S. Immigration and Customs Enforcement— 

8 (1) shall be limited to the briefest term and the 

9 least restrictive conditions practicable and consistent 

10 with the rationale for such holding or detention; and 

11 (2) shall include access to food, water, and rest12 room facilities. 

13 (b) SAVINGS PROVISION.—Nothing in this Section 

14 may be construed to limit agencies from complying with 

15 other legal authorities, policies, or standards with respect 

16 to treatment of individuals held or detained at ports of 

17 entry or at any holding or detention facility overseen by 

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

19 and Customs Enforcement. 

Æ 


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