Title: 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.
Policy area: Immigration

Summary:
This bill amends the Immigration and Nationality Act to provide an individual in any removal, exclusion, or deportation proceeding or inspection (excluding primary inspections as defined by Department of Homeland Security policies) with a right to representation (at no expense to the government) by counsel of such individual's choosing, including remote counseling if counsel cannot personally meet with the individual.
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.
The bill extends the right to be accompanied, represented, and advised by counsel or other qualified representative before a government agency to any person subject to a proceeding, examination, holding, or detention.
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 shall: (1) be limited to the briefest term and the least restrictive conditions practicable, (2) be consistent with the rationale for such holding or detention; and (3) shall include access to food, water, and rest room facilities.

[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[S. 349 Introduced in Senate (IS)]

<DOC>






115th CONGRESS
  1st Session
                                 S. 349

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 SENATE OF THE UNITED STATES

                            February 9, 2017

 Ms. Harris (for herself, Mr. Blumenthal, Mr. Booker, Mr. Carper, Mrs. 
Gillibrand, Mr. Markey, and Ms. Warren) introduced the following bill; 
  which was read twice and referred to the Committee on the Judiciary

_______________________________________________________________________

                                 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.

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

SECTION 1. CLARIFICATION OF RIGHT TO COUNSEL.

    (a) Right to Counsel in Immigration Proceedings.--Section 292 of 
the Immigration and Nationality Act (8 U.S.C. 1362) is amended to read 
as follows:

``SEC. 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 (at no expense to the Government) 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' does not include 
        primary inspection (as defined in the policies of the 
        Department of Homeland Security).
            ``(2) Person.--The term `person' has the meaning given the 
        term in section 101(b)(3).''.
    (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), as in effect on the day before the 
date of the enactment of this Act, or under any other law.

SEC. 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.
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