The bill improves immigrants' access to counsel and oversight during inspections—reducing risks of wrongful refusals or unintended loss of status—while increasing processing burdens, costs, and potential security/logistical challenges at ports of entry.
Immigrants at ports of entry (returning LPRs, visa holders, refugees, and others) gain prompt access to counsel or an interested party during secondary inspection—counsel may present evidence and advocacy, and Form I‑407 cannot be accepted until the individual has a meaningful opportunity to seek counsel (unless waived)—reducing risks of erroneous refusals or unintended abandonment of status.
DHS is directed to accommodate in-person appearance requests at inspection sites when practicable, improving the ability of family members and advocates to participate in admission decisions and increasing oversight at ports of entry.
All travelers and port operations may experience slower processing and operational strain because DHS must ensure phone access, contact counsel, and manage deferred inspections, leading to delays at ports of entry.
Taxpayers could face added costs if DHS needs to expand facilities, staff, or technology to provide timely counsel access and handle deferred or extended inspections.
Permitting in-person appearances and third‑party advocacy at ports may complicate officer assessments and create security or logistical challenges for law enforcement and port operations.
Based on analysis of 2 sections of legislative text.
Introduced February 4, 2025 by Pramila Jayapal · Last progress February 4, 2025
Requires the Department of Homeland Security to give people subject to secondary or deferred inspection at U.S. ports of entry a meaningful chance to consult with a lawyer or other interested party. Consultation must be available (including by telephone) within one hour of the start of secondary inspection and as needed throughout the inspection; DHS must accommodate in-person visits when practicable. Also bars DHS from accepting a Form I–407 (voluntary abandonment of lawful permanent resident status) from a lawful permanent resident in secondary or deferred inspection unless the person first has a meaningful chance to seek legal advice, unless they knowingly and voluntarily waive that chance in writing. The rule applies to specific covered categories and takes effect 180 days after enactment, while preserving other existing rights to counsel under current law or court orders.