S. 1912Senate117th Congress (2021-2023)In Committee

Access to Counsel Act of 2021

Introduced May 27, 2021

AI-Generated Summary

Updated February 8, 2026 at 3:42 AM UTC

The Access to Counsel Act of 2021 requires U.S. Customs and Border Protection to give certain people detained at ports of entry or in secondary or deferred inspection a real chance to talk with a lawyer and an interested party. It applies to U.S. citizens, lawful permanent residents, visa holders, refugees, asylees, and others covered by immigration law. The law takes effect 180 days after enactment and does not change any existing rights to appointed counsel.

Key Provisions

  • Adds a new subsection to the Immigration and Nationality Act that obligates the Secretary of Homeland Security to let a covered individual consult counsel (including by phone) within one hour of secondary inspection and throughout the inspection process.
  • Allows counsel and interested parties to provide information, documents, and evidence to immigration officers and, when practical, to appear in person at the inspection site.
  • Requires that a lawful permanent resident cannot have a Form I-407 (abandonment of status) accepted unless they have a meaningful chance to seek legal advice, unless they waive that right in writing.
  • Defines “counsel,” “covered individual” (including U.S. nationals, permanent residents, visa holders, refugees, asylees, and parolees), and “interested party” (relatives, petitioners/sponsors, or other connected persons or organizations).
  • Specifies that the amendment becomes effective 180 days after the law’s enactment and preserves all existing rights to counsel under current immigration statutes.

Legislative Activity

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1 earlier action
SenateIntro Referral Latest Action

Read twice and referred to the Committee on the Judiciary. (Sponsor introductory remarks on measure: CR S3899-3900)

May 27, 2021

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SenateIntro Referral

Introduced in Senate

May 27, 2021

SenateIntro Referral

Read twice and referred to the Committee on the Judiciary. (Sponsor introductory remarks on measure: CR S3899-3900)

May 27, 2021

Floor Debate

6 members

What members said about S. 1912 on the floor

2 Republicans4 Democrats
Jack Reed
Sen. Jack ReedD-RI · May 27, 2021

Mr. President. as many of my colleagues know. the transition from military to civilian life can be very difficult. To address these kinds of challenges. Vet Centers were created in the wake of the…

Dianne Feinstein
Sen. Dianne FeinsteinD-CA · May 27, 2021

Mr. President, I am pleased to introduce the ``San Francisco Bay Restoration Act.'' Thank you to Senator Padilla for cosponsoring and I am happy to be once again be working with Congresswoman Jackie…

Susan M. Collins
Sen. Susan M. CollinsR-ME · May 27, 2021

Mr. President, I rise today to reintroduce legislation with my colleague from Maryland, Senator Ben Cardin, to increase access to preventive bone density screenings and to improve osteoporosis…

Alex Padilla
Sen. Alex PadillaD-CA · May 27, 2021

Mr. President, I rise to introduce the ``Access to Counsel Act.'' This legislation would ensure that all individuals with a legal right to be in the United States and are detained by Customs and…

John Thune
Sen. John ThuneR-SD · May 27, 2021

Mr. President, I ask unanimous consent that the text of the bill be printed in the Record.

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Richard J. Durbin
Sen. Richard J. DurbinD-IL · May 27, 2021

Mr. President, I ask unanimous consent that the text of the bill be printed in the Record.

Bill Text

Latest available legislative text

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Introduced in SenateIssued May 27, 2021

II

117th CONGRESS

1st Session

S. 1912

IN THE SENATE OF THE UNITED STATES

May 27, 2021

Mr. Padilla (for himself, Mr. Coons, Mr. Durbin, Ms. Warren, Mr. Booker, Mr. Markey, Ms. Cortez Masto, and Ms. Hirono) introduced the following bill; which was read twice and referred to the Committee on the Judiciary

A BILL

To clarify the rights of certain persons who are held or detained at a port of entry or at any facility overseen by U.S. Customs and Border Protection.

1.

Short title

This Act may be cited as the Access to Counsel Act of 2021.

2.

Access to counsel and other assistance at ports of entry and during deferred inspection

(a)

Access to counsel and other assistance during inspection

Section 235 of the Immigration and Nationality Act (8 U.S.C. 1225) is amended by adding at the end the following:

(e)

Access to counsel and other assistance during inspection at ports of entry and during deferred inspection

(1)

In general

The Secretary of Homeland Security shall ensure that a covered individual has a meaningful opportunity to consult with counsel and an interested party during the inspection process.

(2)

Scope of assistance

The Secretary of Homeland Security shall—

(A)

provide the covered individual a meaningful opportunity to consult (including consultation via telephone) with counsel and an interested party not later than one hour after the secondary inspection process commences and as necessary throughout the remainder of the inspection process, including, as applicable, during deferred inspection;

(B)

allow counsel and an interested party to advocate on behalf of the covered individual, including by providing to the examining immigration officer information, documentation, and other evidence in support of the covered individual; and

(C)

to the greatest extent practicable, accommodate a request by the covered individual for counsel or an interested party to appear in person at the secondary or deferred inspection site.

(3)

Special rule for lawful permanent residents

(A)

In general

Except as provided in subparagraph (B), the Secretary of Homeland Security may not accept a Form I-407 Record of Abandonment of Lawful Permanent Resident Status (or a successor form) from a lawful permanent resident subject to secondary or deferred inspection without first providing such lawful permanent resident a meaningful opportunity to seek advice from counsel.

(B)

Exception

The Secretary of Homeland Security may accept Form I-407 Record of Abandonment of Lawful Permanent Resident Status (or a successor form) from a lawful permanent resident subject to secondary or deferred inspection if such lawful permanent resident knowingly, intelligently, and voluntarily waives, in writing, the opportunity to seek advice from counsel.

(4)

Definitions

In this section:

(A)

Counsel

The term counsel means—

(i)

an attorney who is a member in good standing of the bar of any State, the District of Columbia, or a territory or a possession of the United States and is not under an order suspending, enjoining, restraining, disbarring, or otherwise restricting the attorney in the practice of law; or

(ii)

an individual accredited by the Attorney General, acting as a representative of an organization recognized by the Executive Office for Immigration Review, to represent a covered individual in immigration matters.

(B)

Covered individual

The term covered individual means an individual subject to secondary or deferred inspection who is—

(i)

a national of the United States;

(ii)

an immigrant, lawfully admitted for permanent residence, who is returning from a temporary visit abroad;

(iii)

an alien seeking admission as an immigrant in possession of a valid unexpired immigrant visa;

(iv)

an alien seeking admission as a nonimmigrant in possession of a valid unexpired nonimmigrant visa;

(v)

a refugee;

(vi)

a returning asylee; or

(vii)

an alien who has been approved for parole under section 212(d)(5)(A), including an alien who is returning to the United States in possession of a valid advance parole document.

(C)

Interested party

The term interested party means—

(i)

a relative of the covered individual;

(ii)

in the case of a covered individual to whom an immigrant or a nonimmigrant visa has been issued, the petitioner or sponsor thereof (including an agent of such petitioner or sponsor); or

(iii)

a person, organization, or entity in the United States with a bona fide connection to the covered individual.

.

(b)

Effective date

The amendment made by subsection (a) shall take effect 180 days after the date of the enactment of this Act.

(c)

Savings provision

Nothing in this Act, or in any amendment made by this Act, may be construed to limit a right to counsel or any right to appointed counsel under—

(1)

section 240(b)(4)(A) of the Immigration and Nationality Act (8 U.S.C. 1229a(b)(4)(A));

(2)

section 292 of such Act (8 U.S.C. 1362); or

(3)

any other provision of law, including any final court order securing such rights,

as in effect on the day before the date of the enactment of this Act.