Access to Counsel Act of 2020

Bill: 116-hr-5581
Sponsor: Rep. Jayapal, Pramila [D-WA-7]
Introduced: 2020-01-10 in the House
Policy area: Immigration
Subjects: Administrative remedies
Border security and unlawful immigration
Department of Homeland Security
Detention of persons
Immigration status and procedures
Lawyers and legal services
Refugees, asylum, displaced persons
Visas and passports

Summary:
action_date: 2020-01-10
text: 

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.
 

action_date: 2020-03-05
text: 

Access to Counsel Act of 2020

 
This bill provides various protections for covered individuals subject to secondary or deferred inspections when seeking admission into the United States. Covered individuals include U.S. nationals, lawful permanent residents, aliens in possession of a visa, and refugees.
 
The Department of Homeland Security shall ensure that a covered individual subject to secondary or deferred inspection has a meaningful opportunity to consult with counsel and certain related parties, such as a relative, within an hour of the start of the secondary inspection and as necessary during the inspection process. The counsel and related party shall be allowed to advocate on behalf of the covered individual, including by providing evidence and information to the examining immigration officer.
 
A lawful permanent resident subject to secondary or deferred inspection may not abandon lawful permanent resident status until the individual has had a reasonable opportunity to seek advice from counsel, unless the individual voluntarily and knowingly waives in writing this opportunity to seek counsel's advice. 
 
 


Legislative actions:
action_date: 2020-03-05
text: Placed on the Union Calendar, Calendar No. 332.
action_date: 2020-03-05
text: Committee on Homeland Security discharged.
action_date: 2020-03-05
text: Committee on Homeland Security discharged.
action_date: 2020-03-05
text: Reported (Amended) by the Committee on Judiciary. H. Rept. 116-412, Part I.
action_date: 2020-03-05
text: Reported (Amended) by the Committee on Judiciary. H. Rept. 116-412, Part I.
action_date: 2020-02-12
text: Ordered to be Reported (Amended).
action_date: 2020-02-12
text: Committee Consideration and Mark-up Session Held.
action_date: 2020-02-11
text: Subcommittee on Immigration and Citizenship Discharged.
action_date: 2020-01-28
text: Referred to the Subcommittee on Immigration and Citizenship.
action_date: 2020-01-17
text: Referred to the Subcommittee on Border Security, Facilitation, and Operations.
action_date: 2020-01-10
text: 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.
action_date: 2020-01-10
text: 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.
action_date: 2020-01-10
text: Introduced in House
action_date: 2020-01-10
text: Introduced in House