Sponsors (74)
The bill expands and operationalizes timely access to counsel at ports of entry—strengthening immigrants’ procedural protections and reducing wrongful removals—at the cost of slower processing at busy ports, higher DHS operating expenses, and potential privacy/security concerns from broader third‑party involvement.
Noncitizen travelers (including visa holders, refugees, asylees, parolees, and LPRs) gain guaranteed access to counsel within one hour during secondary/deferred inspection and the ability for counsel/interested parties to present evidence and advocate, reducing wrongful detentions/removals and improving accuracy of admission/removal decisions.
Lawful permanent residents (LPRs) are protected from having Form I-407 (abandonment of LPR status) accepted during inspection without first receiving advice of counsel unless they explicitly waive that right in writing, reducing risk of involuntary loss of residency.
Allowing telephone consultations and accommodating in-person counsel where practicable lowers access barriers for travelers and immigrants at ports of entry and deferred inspection sites, making the guaranteed access to counsel more usable in practice.
Implementing a one-hour consultation requirement and accommodating in-person counsel could slow processing at busy ports of entry, causing delays for travelers, commercial traffic, and cross-border trade.
Guaranteeing timely access to counsel will increase DHS operational costs (staffing, physical space, phone/video systems) and could require additional funding or reprioritization of agency resources, impacting taxpayers and federal budgets.
A broad definition of “interested party” could allow third parties greater involvement in inspection processes, raising privacy and security concerns for inspected individuals and sensitive information.
Based on analysis of 2 sections of legislative text.
Requires DHS to give people in secondary or deferred inspection a meaningful opportunity to consult counsel within one hour and during inspection, and restricts accepting Form I-407 without that chance or a written waiver.
Requires the Department of Homeland Security to give people placed in secondary or deferred inspection at U.S. ports of entry a meaningful opportunity to consult with an attorney or another interested party beginning within one hour of inspection and as needed during the inspection. It requires telephone access (and in-person access where practicable), allows counsel to advocate and submit evidence on the individual's behalf, and prevents acceptance of a voluntary abandonment of permanent resident status (Form I-407) during such inspections unless the person first had the chance to seek advice of counsel or knowingly and voluntarily waives that right in writing. The rule takes effect 180 days after enactment and preserves existing statutory and court-recognized rights to counsel in removal proceedings.
Introduced February 4, 2025 by Pramila Jayapal · Last progress February 4, 2025