Overview

Title

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.

ELI5 AI

Imagine you go to a new country and the people at the door want to ask you questions. This bill says you can have a lawyer with you when they ask questions, so you feel safe and understand everything.

Summary AI

S. 391, titled the "Access to Counsel Act of 2025," seeks to ensure that individuals detained at U.S. ports of entry or by U.S. Customs and Border Protection have the right to consult with an attorney during inspections. The bill mandates that these individuals, including U.S. nationals, lawful permanent residents, and certain visa holders, can consult with legal counsel and interested parties promptly, either by telephone or in person when possible. It prohibits the acceptance of a lawful permanent resident's abandonment of their status without them first receiving legal advice unless they explicitly waive this right. The act does not change any existing rights to counsel that individuals may already have.

Published

2025-02-04
Congress: 119
Session: 1
Chamber: SENATE
Status: Introduced in Senate
Date: 2025-02-04
Package ID: BILLS-119s391is

Keywords AI

access to counsel act of 2025 u.s. customs and border protection ports of entry lawful permanent residents right to legal counsel deferred inspection u.s. nationals visa holders immigration inspection form i-407

Sources

Bill Statistics

Size

Sections:
2
Words:
1,132
Pages:
6
Sentences:
16

Language

Nouns: 342
Verbs: 80
Adjectives: 65
Adverbs: 10
Numbers: 25
Entities: 59

Complexity

Average Token Length:
4.17
Average Sentence Length:
70.75
Token Entropy:
5.02
Readability (ARI):
37.00

AnalysisAI

The proposed legislation, known as the "Access to Counsel Act of 2025," aims to ensure that individuals facing inspection at U.S. ports of entry or under the supervision of U.S. Customs and Border Protection (CBP) have the right to access legal counsel and assistance. The bill emphasizes the provision of legal support during the inspection process for various categories of individuals, including U.S. nationals, lawful permanent residents, and those with valid visas or refugee status.

General Summary of the Bill

The primary objective of this bill is to reinforce the rights of individuals who are inspected or detained at U.S. ports of entry. The legislation requires that covered individuals receive a meaningful opportunity to consult with an attorney or other interested parties, such as relatives or sponsors, shortly after the inspection process begins. Notably, the bill mandates that lawful permanent residents be allowed to seek legal advice before voluntarily waiving their residency status through Form I-407. It also defines who qualifies as a "covered individual" and an "interested party," thus outlining the scope of those eligible for such rights and assistance.

Summary of Significant Issues

There are several significant issues that could affect the implementation and effectiveness of this bill:

  1. Ambiguity in Language: Terms like "to the greatest extent practicable" and "meaningful opportunity to consult" lack clear definitions. This vagueness may lead to inconsistent enforcement across various CBP locations.

  2. Funding and Resource Allocation: The bill does not specify sources of funding or allocate a budget for implementing the access to counsel provisions, which might become a barrier if substantial resources are necessary to adequately provide such services.

  3. Broad Definition of "Interested Party": The bill's broad definition of who can act as an interested party could pose security and privacy concerns by allowing numerous parties—including relatives, agents, and organizations—access to sensitive situations without strict regulatory guidelines.

  4. Waiving Rights: The conditions under which a lawful permanent resident can waive their right to counsel when completing Form I-407 are not well spelled out, which may lead to potential misunderstandings about the consequences of such a decision.

Impact on the Public Broadly

For the general public, this legislation aims to strengthen the due process rights of individuals undergoing immigration controls by ensuring access to legal guidance. It emphasizes fair treatment and aims to protect individuals from unjust outcomes due to lack of counsel during critical inspection processes. This could lead to more transparent and accountable immigration procedures at entry points.

Impact on Specific Stakeholders

  • Immigrants and Visitors: Stakeholders such as lawful permanent residents and visa holders stand to benefit significantly, as they would gain crucial legal support during inspections. This could prevent errors or misunderstandings that might result in unnecessary legal battles or even deportation.

  • Immigration Lawyers and Advocacy Groups: These groups may see an increase in demand for their services as individuals seek assistance during inspections. However, the broad definition of "interested party" might complicate their role if multiple parties are involved.

  • U.S. Customs and Border Protection: CBP may face challenges in implementing this bill due to resource constraints or lack of clarity in procedural changes, potentially affecting operational efficiency.

The proposed legislation strives to uphold the principle of fairness by guaranteeing access to legal counsel, although it requires concrete strategies to address potential ambiguities and ensure effective implementation.

Issues

  • The ambiguity of the phrase 'to the greatest extent practicable' in Section 2(C) could lead to inconsistent application or interpretations regarding the accommodation of requests for in-person appearances at secondary or deferred inspection sites.

  • The lack of specification for funding sources or budgetary allocations for ensuring access to counsel in Section 2 could be a significant issue if implementing these provisions requires substantial resources.

  • The definition of 'interested party' in Section 2 is broad and could raise security or privacy concerns, as it allows various parties, including relatives and organizations, potential access to sensitive situations without clear limitations or protections.

  • The requirement for a 'meaningful opportunity to consult' with counsel in Section 2(1) is vague and could benefit from further clarification on what constitutes 'meaningful', impacting the right to effective legal assistance.

  • The exception allowing lawful permanent residents to waive their right to counsel upon filing Form I-407 in Section 2(3)(B) is not explicit on how the waiver ensures the resident's understanding of the consequences, introducing potential ambiguity.

Sections

Sections are presented as they are annotated in the original legislative text. Any missing headers, numbers, or non-consecutive order is due to the original text.

1. Short title Read Opens in new tab

Summary AI

The first section of the bill states that the official name of the legislation is the "Access to Counsel Act of 2025."

2. Access to counsel and other assistance at ports of entry and during deferred inspection Read Opens in new tab

Summary AI

The bill ensures that individuals going through certain immigration inspections at U.S. ports of entry have the right to access legal counsel and support from an interested party. This includes giving lawful permanent residents the chance to consult with a lawyer before they can voluntarily give up their residency status, while also defining who these individuals and parties might be.