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.

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. Clarification of right to counsel (a) Right to counsel in immigration proceedings (1) Subparagraph (A) of section 240(b)(4) of the Immigration and Nationality Act ( 8 U.S.C. 1229a(b)(4) (A) the alien shall have the privilege of being represented by counsel of the alien's choosing who is authorized to practice in such proceedings, . (2) Section 292 of the Immigration and Nationality Act ( 8 U.S.C. 1362 292. Right to counsel (a) In general In any removal, exclusion, or deportation proceeding or inspection under section 235(a), 235(b), 236, 238, 240, or 241, the person subject to such proceeding shall be entitled to representation by such authorized counsel as the person may choose. (b) Redress options If counsel cannot personally meet with a person subject to holding, detention, or inspection at a port of entry, U.S. Customs and Border Protection or U.S. Immigration and Customs Enforcement, as appropriate, shall provide redress options through which counsel may communicate remotely with the held or detained person during the first hour and thereafter of such holding or detention, regardless of the day or time when such holding or detention began. (c) Record of abandonment of lawful permanent resident status or withdrawal of application for admission A person held or detained at a port of entry may not submit a valid Record of Abandonment of Lawful Permanent Resident Status or Withdrawal of Application for Admission if such person has been denied access to counsel in accordance with this section. (d) Definitions In this section: (1) Inspection The term inspection (2) Person The term person . (b) Right to counsel or representation Section 555(b) of title 5, United States Code, is amended by adding at the end the following: The right to be accompanied, represented, and advised by counsel or other qualified representative under this subsection shall extend to any person subject to a proceeding, examination, holding, or detention described in section 292 of the Immigration and Nationality Act ( 8 U.S.C. 1362 (c) Savings provision Nothing in this section, or in any amendment made by this section, may be construed to limit any preexisting right to counsel under section 292 of the Immigration and Nationality Act ( 8 U.S.C. 1362 2. Treatment of individuals held or detained at ports of entry or at any CBP or ICE detention facility (a) In general The holding or detention of individuals at a port of entry or at any holding or detention facility overseen by U.S. Customs and Border Protection or U.S. Immigration and Customs Enforcement— (1) shall be limited to the briefest term and the least restrictive conditions practicable and consistent with the rationale for such holding or detention; and (2) shall include access to food, water, and restroom facilities. (b) Savings provision Nothing in this section may be construed to limit agencies from complying with other legal authorities, policies, or standards with respect to treatment of individuals held or detained at ports of entry or at any holding or detention facility overseen by U.S. Customs and Border Protection or U.S. Immigration and Customs Enforcement.

Summary: This bill establishes various protections for aliens in certain immigration-related proceedings or inspections. When an alien is undergoing certain types of inspections or is subject to a removal, exclusion, or deportation proceeding, the alien shall be entitled to representation by counsel of the alien's choice. The current statute only states that an alien is entitled to representation in removal proceedings. The bill also removes a statutory requirement that the government bears no cost for such representation. If such an alien is subject to detention or inspection at a port of entry and cannot meet with counsel, U.S. Customs and Border Protection (CBP) or U.S. Immigration and Customs Enforcement (ICE) shall provide for remote communication with counsel. If such an alien has been denied access to counsel, the alien may not submit paperwork to abandon lawful permanent resident status or to withdraw an application for admission. The detention of an individual at a port of entry or a CBP or ICE facility shall (1) be limited to the briefest term and the least restrictive conditions necessary; and (2) include access to food, water, and restrooms.