Sponsors (16)
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Requires that people placed in secondary or deferred inspection at U.S. ports of entry be given a real opportunity to consult with a lawyer or another interested person during the inspection, with specific timing rules and definitions. The rule includes a prompt (including a 1-hour prompt window to attempt consultation), defines who counts as counsel and an interested party, protects lawful permanent residents from being coerced into signing Form I‑407, and becomes effective 180 days after enactment.
Adds a new subsection (e) to section 235 of the Immigration and Nationality Act (8 U.S.C. 1225) titled "Access to counsel and other assistance during inspection at ports of entry and during deferred inspection."
The Secretary of Homeland Security must ensure each covered individual has a meaningful opportunity to consult with counsel and an interested party during the inspection process.
Provide each covered individual a meaningful opportunity to consult (including by telephone) with counsel and an interested party not later than 1 hour after the secondary inspection process begins and as needed during the rest of the inspection, including during deferred inspection.
Allow counsel and an interested party to advocate for the covered individual, including by giving the examining immigration officer information, documents, and other evidence supporting the covered individual.
To the greatest extent practicable, accommodate a covered individual's request for counsel or an interested party to appear in person at the secondary or deferred inspection site.
Who is affected and how:
Noncitizens placed in secondary or deferred inspection: They gain a statutory right to a timely opportunity to consult with counsel or an interested person during the inspection. This may reduce coerced or uninformed decisions (for example, signing documents that affect status) and improve access to legal advice at a critical moment.
Lawful permanent residents (LPRs): Receive a specific protection against being pressured to sign Form I‑407 during inspection encounters, reducing the risk of inadvertent or coerced abandonment of status at the border.
U.S. Customs and Border Protection (CBP) and other port-of-entry inspection officers: Must implement new procedures, adhere to timing requirements (including providing or allowing a prompt and permitting a 1-hour consultation attempt), and likely provide training and documentation to show compliance. That will change on-the-ground workflows and may modestly increase inspection processing time per individual.
Immigration attorneys, accredited representatives, and informal "interested parties" (family, advocates): Will likely be more involved at the point of entry, receiving calls or being present to consult; attorneys may see increased demand for rapid consultations at ports of entry.
Border and travel operations: Could experience modest operational impacts including slightly longer processing times, potential need for private consultation spaces or phone access protocols, and procedural recordkeeping. The law itself does not appropriate funds, so agencies may need to absorb costs or reallocate existing resources to meet the new obligations.
Overall effect: strengthens procedural protections and access to advice for individuals undergoing secondary inspection, reduces risk of coerced abandonment of status for LPRs, and imposes modest operational requirements on inspection agencies during a short implementation window.
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Read twice and referred to the Committee on the Judiciary. (Sponsor introductory remarks on measure: CR S595-596)
Introduced February 4, 2025 by Alejandro Padilla · Last progress February 4, 2025
Read twice and referred to the Committee on the Judiciary. (Sponsor introductory remarks on measure: CR S595-596)
Introduced in Senate