Sponsors (17)
The bill strengthens due-process protections for noncitizens at ports of entry by guaranteeing prompt access to counsel and limiting coerced waivers of residency, but it imposes operational, time, and administrative costs on CBP/DHS that may slow processing and lead to uneven implementation.
Immigrants at ports of entry (returning lawful permanent residents, visa holders, refugees, and other noncitizens) gain guaranteed access to consult with counsel or an interested party within one hour of secondary inspection, improving their ability to understand rights, preserve immigration relief, and reducing coerced abandonment of status.
Immigrants benefit from counsel and interested parties being able to present evidence and advocate during inspections and from accommodation of in-person presence where practicable, increasing the likelihood that lawful claims and documentation are considered before any adverse action.
Immigrants gain protection against coerced or uninformed waivers of residency status because Form I-407 cannot be accepted until a resident has had a meaningful opportunity to consult counsel (unless a written waiver is given).
CBP/DHS operations and taxpayers may face increased staffing needs, administrative burdens, and costs to provide timely access to counsel at ports of entry, which could require reallocation of resources.
Arrivals and law enforcement could experience longer processing times and added administrative complexity—especially when officers must delay accepting Form I-407 absent a counsel opportunity and document written waivers—potentially slowing inspections.
Immigrants at busy or remote ports of entry may not reliably receive a meaningful consultation within the one-hour deadline, producing inconsistent application and raising the risk of litigation over what satisfies the statute's consultation requirement.
Based on analysis of 2 sections of legislative text.
Requires DHS to ensure individuals in secondary/deferred inspection at ports of entry can consult counsel or an interested party by phone within 1 hour and bars accepting Form I‑407 from LPRs without a written waiver.
Introduced February 4, 2025 by Alejandro Padilla · Last progress February 4, 2025
Requires the Department of Homeland Security to give people who are placed in secondary or deferred inspection at ports of entry a meaningful chance to consult with counsel and an interested party — including by phone — within one hour of secondary inspection starting, and as needed afterward. It also prohibits accepting Form I‑407 (voluntary abandonment of lawful permanent resident status) from lawful permanent residents in those inspections unless they first receive that opportunity to consult counsel or knowingly and voluntarily waive it in writing.