I 

115TH CONGRESS 

1ST SESSION H. R. 1006 

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 

FEBRUARY 13, 2017 

Ms. JAYAPAL (for herself, Mr. CONYERS, Ms. LOFGREN, Mr. NADLER, Ms. 

JACKSON LEE, Mr. GUTIE ́RREZ, Ms. JUDY CHU of California, Mr. 

JEFFRIES, Mr. SWALWELL of California, Ms. ROYBAL-ALLARD, Ms. 

MICHELLE LUJAN GRISHAM of New Mexico, Mr. RICHMOND, Mr. 

QUIGLEY, Ms. CLARKE of New York, Mr. RASKIN, Mr. SERRANO, Mr. 

LARSEN of Washington, Mrs. TORRES, Mr. KILMER, Mr. SMITH of Washington, Ms. VELA ́ZQUEZ, Mrs. NAPOLITANO, Mrs. WATSON COLEMAN, 

Mr. GRIJALVA, Mr. LANGEVIN, Ms. ESHOO, Ms. NORTON, Mr. VARGAS, 

Ms. WASSERMAN SCHULTZ, Mr. TED LIEU of California, Mr. MCGOVERN, Mr. ELLISON, and Mr. JOHNSON of Georgia) 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, 


smartinez on DSK3GLQ082PROD with BILLS
2 

•HR 1006 IH

1 SECTION 1. CLARIFICATION OF RIGHT TO COUNSEL. 

2 (a) RIGHT TO COUNSEL IN IMMIGRATION PRO3 CEEDINGS.—Section 292 of the Immigration and Nation4 ality Act (8 U.S.C. 1362) is amended to read as follows: 

5 ‘‘SEC. 292. RIGHT TO COUNSEL. 

6 ‘‘(a) IN GENERAL.—In any removal, exclusion, de7 portation proceeding, or inspection under section 235(a), 

8 235(b), 236, 238, 240, or 241, the person subject to such 

9 proceeding shall be entitled to representation (at no ex10 pense to the Government) by such authorized counsel as 

11 the person may choose. 

12 ‘‘(b) REDRESS OPTIONS.—If counsel cannot person13 ally meet with a person subject to holding, detention, or 

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

15 Protection or U.S. Immigration and Customs Enforce16 ment, as appropriate, shall provide redress options 

17 through which counsel may communicate remotely with 

18 the held or detained person during the first hour and 

19 thereafter of such holding or detention, regardless of the 

20 day or time when such holding or detention began. 

21 ‘‘(c) RECORD OF ABANDONMENT OF LAWFUL PER22 MANENT RESIDENT STATUS OR WITHDRAWAL OF APPLI23 CATION FOR ADMISSION.—A person held or detained at 

24 a port of entry may not submit a valid Record of Abandon25 ment of Lawful Permanent Resident Status or Withdrawal 


smartinez on DSK3GLQ082PROD with BILLS
3 

•HR 1006 IH

1 of Application for Admission if such person has been de2 nied access to counsel in accordance with this section. 

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

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

5 not include primary inspection (as defined in the 

6 policies of the Department of Homeland Security). 

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

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

9 (b) RIGHT TO COUNSEL OR REPRESENTATION.—Sec10 tion 555(b) of title 5, United States Code, is amended by 

11 adding at the end the following: ‘‘The right to be accom12 panied, represented, and advised by counsel or other quali13 fied representative under this subsection shall extend to 

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

15 or detention described in section 292 of the Immigration 

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

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

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

19 to limit any preexisting right to counsel under section 292 

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

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

22 of this Act, or under any other law. 


smartinez on DSK3GLQ082PROD with BILLS
4 

•HR 1006 IH

1 SEC. 2. 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 


smartinez on DSK3GLQ082PROD with BILLS