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Bill116th CongressFiled Jan 10, 2020Immigration
H.R. 5581

Access to Counsel Act of 2020

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What it doesSummary reported to house, part i (Mar 5, 2020)

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.

What just happenedMar 5, 2020

Placed on the Union Calendar, Calendar No. 332.

Who’s behind it

Rep. Jayapal, Pramila [D-WA-7](D-WA)Sponsor
50 cosponsors50 D
Read on Congress.gov
50cosponsors2committees14actions2related bills8subjects
  1. Mar 5, 2020CalendarsH12410

    Placed on the Union Calendar, Calendar No. 332.

  2. Mar 5, 2020DischargeH12300

    Committee on Homeland Security discharged.

    Homeland Security Committee
  3. Mar 5, 2020Committee5500

    Committee on Homeland Security discharged.

    Homeland Security Committee
  4. Mar 5, 2020CommitteeH12200

    Reported (Amended) by the Committee on Judiciary. H. Rept. 116-412, Part I.

    Judiciary Committee
  5. Mar 5, 2020Committee5000

    Reported (Amended) by the Committee on Judiciary. H. Rept. 116-412, Part I.

    Judiciary Committee
  6. Feb 12, 2020Committee

    Ordered to be Reported (Amended).

    Judiciary Committee
  7. Feb 12, 2020Committee

    Committee Consideration and Mark-up Session Held.

    Judiciary Committee
  8. Feb 11, 2020Committee

    Subcommittee on Immigration and Citizenship Discharged.

    Judiciary Committee
  9. Jan 28, 2020Committee

    Referred to the Subcommittee on Immigration and Citizenship.

    Immigration Integrity, Security, and Enforcement Subcommittee
  10. Jan 17, 2020Committee

    Referred to the Subcommittee on Border Security, Facilitation, and Operations.

    Border Security and Enforcement Subcommittee
  11. Jan 10, 2020IntroReferralH11100

    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.

    Homeland Security Committee
  12. Jan 10, 2020IntroReferralH11100

    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.

    Judiciary Committee
  13. Jan 10, 2020IntroReferralIntro-H

    Introduced in House

  14. Jan 10, 2020IntroReferral1000

    Introduced in House

Reported to House, Part IMar 5, 20208

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.

Introduced in HouseJan 10, 2020

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.

Access to Counsel Act of 2020 — Informed