On the recordFebruary 9, 2023
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 who are held by Customs and Border Protection at ports of entry or airports have access to legal counsel. This legislation would ensure that individuals who have a legal right to be in the United States and are held by Customs and Border Protection in secondary inspection at airports or other points of entry for more than an hour are granted an opportunity to access legal counsel and an interested party. An interested party is defined as a family member, sponsor, or organization with a connection to the individual. The bill creates no obligation for the Federal Government to pay for counsel and allows counsel the ability to advocate on behalf of the individual by providing information or documentation in support of the individual. It also invalidates any effort by CBP to persuade someone to relinquish their legal status if that person has been denied access to counsel or voluntarily waives in writing their right to counsel. There have been repeated reports of CBP detaining individuals based on their nationality. In 2017, the first Muslim ban was implemented, and thousands of U.S. citizens, green card holders, and others with valid visas were detained at airports for hours. They were held by CBP officers without any ability to call a lawyer, relative, or advocate.…
