The Access to Counsel Act ensures that U.S. citizens, green card holders, and other individuals with legal status are able to consult with an attorney to help them understand their rights when detained by Customs and Border Protection (CBP) at borders and ports-of-entry.
WASHINGTON, D.C. – Today, Assistant Speaker Katherine Clark (MA-5) voted to pass The Access to Counsel Act, legislation to ensure that U.S. citizens, green card holders, and other individuals with legal status are able to consult with an attorney to help them understand their rights when detained by Customs and Border Protection (CBP) at U.S. borders and ports-of-entry. The Access to Counsel Act was originally introduced in 2017 by Rep. Pramila Jayapal (WA-7) as a response to former-President Trump’s Muslim Ban, which unleashed havoc at airports across the country as people from seven Muslim-majority countries were detained, coerced, or deported without access to counsel. The bill passed the House by a vote of 217 - 207.
“The right to an attorney is a fundamental piece of our legal system – never is it more important than during periods of extreme stress, confusion, or high stakes regarding immigration status. No agency, including Customs and Border Protection, should be able to deny you that right,” said Assistant Speaker Clark. “The Access to Counsel Act gives those with legal status the right to call and consult with an attorney regarding their immigration status. Not only will this legislation allow critical access to civil and legal rights, but it will also begin to put humanity back into our immigration system.”
"The right to counsel is a fundamental aspect of American democracy and our legal system, This is an important bill designed to protect this vital right for the most vulnerable among us: immigrants. We applaud Congresswoman Clark for her leadership on the Right to Counsel Act," said Ivan Espinoza-Madrigal, the Executive Director of Lawyers for Civil Rights.
The Access to Counsel Act will:
- Require the Department of Homeland Security to ensure that people with valid travel documents who present themselves at the border, airports, or other points of interaction can communicate with counsel and other interested parties if they are subjected to prolonged inspection by CBP.
- Allow counsel or a covered interested party the ability to advocate on behalf of the individual by providing information or documentation in support of the individual.
- Invalidate any effort by CBP to persuade someone to relinquish their legal status (by executing a I-407 or Record of Abandonment of Lawful Permanent Resident Status) if that person has been denied access to counsel.
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