II 

118TH CONGRESS 

1ST SESSION S. 342 

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

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

Protection. 

IN THE SENATE OF THE UNITED STATES 

FEBRUARY 9, 2023 

Mr. PADILLA (for himself, Mr. BLUMENTHAL, Mr. BOOKER, Mr. CARDIN, Mr. 

COONS, Ms. CORTEZ MASTO, Ms. DUCKWORTH, Mr. DURBIN, Mrs. 

GILLIBRAND, Mr. HICKENLOOPER, Ms. HIRONO, Mr. LUJA ́N, Mr. MARKEY, Mrs. MURRAY, Mr. SANDERS, Mr. VAN HOLLEN, Ms. WARREN, and 

Mr. WELCH) introduced the following bill; which was read twice and referred to the Committee on the Judiciary 

A BILL 

To clarify the rights of certain persons who are held or 

detained at a port of entry or at any facility overseen 

by U.S. Customs and Border Protection. 

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 2023’’. 


kjohnson on DSK79L0C42PROD with BILLS
2 

•S 342 IS

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

2 PORTS OF ENTRY AND DURING DEFERRED 

3 INSPECTION. 

4 (a) ACCESS TO COUNSEL AND OTHER ASSISTANCE

5 DURING INSPECTION.—Section 235 of the Immigration 

6 and Nationality Act (8 U.S.C. 1225) is amended by add7 ing at the end the following: 

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

9 DURING INSPECTION AT PORTS OF ENTRY AND DURING

10 DEFERRED INSPECTION.— 

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

12 Security shall ensure that each covered individual 

13 has a meaningful opportunity to consult with counsel 

14 and an interested party during the inspection proc15 ess. 

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

17 Homeland Security shall— 

18 ‘‘(A) provide each covered individual with a 

19 meaningful opportunity to consult (including 

20 consultation by telephone) with counsel and an 

21 interested party not later than 1 hour after the 

22 secondary inspection process commences and as 

23 necessary throughout the remainder of the in24 spection process, including, as applicable, dur25 ing deferred inspection; 


kjohnson on DSK79L0C42PROD with BILLS
3 

•S 342 IS

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

2 to advocate on behalf of the covered individual, 

3 including by providing to the examining immi4 gration officer information, documentation, and 

5 other evidence in support of the covered indi6 vidual; and 

7 ‘‘(C) to the greatest extent practicable, ac8 commodate a request by the covered individual 

9 for counsel or an interested party to appear in 

10 person at the secondary or deferred inspection 

11 site. 

12 ‘‘(3) SPECIAL RULE FOR LAWFUL PERMANENT

13 RESIDENTS.— 

14 ‘‘(A) IN GENERAL.—Except as provided in 

15 subparagraph (B), the Secretary of Homeland 

16 Security may not accept a Form I–407 Record 

17 of Abandonment of Lawful Permanent Resident 

18 Status (or a successor form) from a lawful per19 manent resident subject to secondary or de20 ferred inspection without first providing such 

21 lawful permanent resident a meaningful oppor22 tunity to seek advice from counsel. 

23 ‘‘(B) EXCEPTION.—The Secretary of 

24 Homeland Security may accept a Form I–407 

25 Record of Abandonment of Lawful Permanent 


kjohnson on DSK79L0C42PROD with BILLS
4 

•S 342 IS

1 Resident Status (or a successor form) from any 

2 lawful permanent resident subject to secondary 

3 or deferred inspection if such lawful permanent 

4 resident knowingly, intelligently, and voluntarily 

5 waives, in writing, the opportunity to seek ad6 vice from counsel. 

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

8 ‘‘(A) COUNSEL.—The term ‘counsel’ 

9 means— 

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

11 good standing of the bar of any State, the 

12 District of Columbia, or a territory or a 

13 possession of the United States and is not 

14 under an order suspending, enjoining, re15 straining, disbarring, or otherwise restrict16 ing the attorney in the practice of law; or 

17 ‘‘(ii) an individual accredited by the 

18 Attorney General, acting as a representa19 tive of an organization recognized by the 

20 Executive Office for Immigration Review, 

21 to represent a covered individual in immi22 gration matters. 

23 ‘‘(B) COVERED INDIVIDUAL.—The term 

24 ‘covered individual’ means an individual subject 

25 to secondary or deferred inspection who is— 


kjohnson on DSK79L0C42PROD with BILLS
5 

•S 342 IS

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

2 ‘‘(ii) an immigrant, lawfully admitted 

3 for permanent residence, who is returning 

4 from a temporary visit abroad; 

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

6 immigrant in possession of a valid unex7 pired immigrant visa; 

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

9 nonimmigrant in possession of a valid un10 expired nonimmigrant visa; 

11 ‘‘(v) a refugee; 

12 ‘‘(vi) a returning asylee; or 

13 ‘‘(vii) an alien who has been approved 

14 for parole under section 212(d)(5)(A), in15 cluding an alien who is returning to the 

16 United States in possession of a valid ad17 vance parole document. 

18 ‘‘(C) INTERESTED PARTY.—The term ‘in19 terested party’ means— 

20 ‘‘(i) a relative of the covered indi21 vidual; 

22 ‘‘(ii) in the case of a covered indi23 vidual to whom an immigrant or a non24 immigrant visa has been issued, the petiVerDate Sep 11 2014 01:23 Feb 23, 2023 Jkt 039200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\S342.IS S342

kjohnson on DSK79L0C42PROD with BILLS
6 

•S 342 IS

1 tioner or sponsor thereof (including an 

2 agent of such petitioner or sponsor); or 

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

4 in the United States with a bona fide con5 nection to the covered individual.’’. 

6 (b) EFFECTIVE DATE.—The amendment made by 

7 subsection (a) shall take effect on the date that is 180 

8 days after the date of the enactment of this Act. 

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

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

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

12 under— 

13 (1) section 240(b)(4)(A) of the Immigration 

14 and Nationality Act (8 U.S.C. 1229a(b)(4)(A)); 

15 (2) section 292 of such Act (8 U.S.C. 1362); or 

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

17 final court order securing such rights, 

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

19 of this Act. 

Æ 


kjohnson on DSK79L0C42PROD with BILLS