Title: Access to Counsel Act of 2020
Policy area: Immigration

Summary:
Access to Counsel Act of 2020
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, at no cost to the government. The current statute only states that an alien is entitled to representation in removal proceedings.
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.


[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5581 Introduced in House (IH)]

<DOC>






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.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Access to Counsel Act of 2020''.

SEC. 2. 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, 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. 3. TREATMENT OF INDIVIDUALS HELD OR DETAINED AT PORTS OF ENTRY OR 
              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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