Sponsors (73)
The bill increases access to counsel and procedural protections for noncitizens at ports of entry—improving fairness and decision accuracy—while imposing added operational complexity, potential processing delays, and modest budgetary costs on DHS and port operations.
Noncitizens inspected at U.S. ports of entry — including lawful permanent residents — gain a prompt right to consult counsel or an interested party (within one hour) and cannot be asked to sign Form I-407 abandoning residency without first being offered counsel or knowingly waiving that right in writing, increasing procedural fairness and reducing coerced loss of status.
Noncitizens can have counsel or interested parties provide evidence and advocate during secondary inspections, and DHS must accommodate in-person counsel appearances when practicable, which increases accuracy of admissibility decisions and reduces wrongful removals or unnecessary delays.
DHS and port-of-entry operations will face increased operational burdens, staffing and training needs to provide timely phone and in-person consultations and to manage outside advocates, which could slow processing and strain agency resources.
Ports of entry may experience extended processing times and administrative delays — notably for cases where residents seek to renounce status via Form I-407 — because the bill's protections require extra steps before acceptance.
Expanded recognized rights to counsel at inspections could increase the presence of legal advocates and related support needs, raising costs for DHS and potentially increasing taxpayer burden.
Based on analysis of 2 sections of legislative text.
Requires DHS to give people in secondary/deferred inspections at ports of entry a meaningful opportunity to consult counsel or an interested party within one hour and as needed; limits acceptance of Form I-407 from LPRs until that opportunity is offered.
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 opportunity to consult with counsel or an interested party, by phone or in person, no later than one hour after secondary inspection begins and as needed during the inspection. The bill lets counsel or the interested party speak on the person’s behalf and provide evidence, directs DHS to accommodate in-person visits when practicable, and prevents acceptance of Form I-407 from lawful permanent residents at secondary/deferred inspection unless that opportunity is first offered (or knowingly waived in writing). The rule takes effect 180 days after enactment and preserves existing statutory and court-recognized rights to counsel.