Sponsors (74)
The bill strengthens procedural protections at ports of entry by guaranteeing timely access to counsel and limiting acceptance of abandonment of LPR status, but that increased protection may slow processing, raise DHS costs, and create privacy/security trade-offs.
Noncitizens at ports of entry (including visa holders, refugees, asylees, parolees, and LPRs) receive guaranteed access to counsel within one hour—via telephone or in-person where practicable—and counsel/interested parties can present evidence and advocate, improving accuracy of inspections and reducing wrongful detentions or removals.
Lawful permanent residents are protected from having Form I-407 (abandonment of LPR status) accepted during inspection without first receiving advice of counsel (unless they waive that right in writing), reducing risk of inadvertent loss of residency.
Guaranteed one-hour consultations and accommodating in-person counsel could slow processing at busy ports of entry, causing delays for travelers and impacting trade and transit times.
Providing guaranteed access to counsel will increase DHS operational costs (staffing, space, phone/video infrastructure), potentially requiring additional funding or reallocation of resources paid by taxpayers.
A broad definition of 'interested party' who may consult or appear could raise privacy or security concerns if third parties seek access to sensitive inspection processes or information.
Based on analysis of 2 sections of legislative text.
Requires DHS to ensure people in secondary/deferred inspection at ports of entry get meaningful access to counsel within one hour and bars accepting I-407 from LPRs without prior counsel opportunity.
Official 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.
Introduced February 4, 2025 by Pramila Jayapal · Last progress February 4, 2025
Requires the Department of Homeland Security to give people sent to secondary or deferred inspection at U.S. ports of entry a meaningful chance to consult with a lawyer or an interested party, starting within one hour of secondary inspection and as needed during the inspection (including by phone). It also prevents Customs and Border Protection from accepting a Form I-407 (voluntary abandonment of lawful permanent resident status) during secondary or deferred inspection unless the LPR first receives and knowingly, intelligently, and voluntarily waives the opportunity to seek counsel in writing. The rule takes effect 180 days after enactment and preserves existing statutory rights to counsel in removal proceedings.