Access to Counsel Act of 2025

Summary

Requires the Department of Homeland Security to give people subjected to secondary or deferred inspection at U.S. ports of entry a meaningful opportunity to consult with a lawyer or other interested party, generally within one hour of the start of inspection, and to allow those representatives to advocate and provide evidence. It also generally bars accepting a lawful permanent resident's Form I-407 (abandonment of LPR status) at secondary or deferred inspection without first offering that opportunity to consult, unless the LPR signs a knowing, voluntary written waiver. Defines who counts as "counsel," "covered individual," and "interested party," directs DHS to accommodate in-person appearances when practicable, takes effect 180 days after enactment, and preserves any existing statutory or court-established rights to counsel or appointed counsel.

• Requires DHS to give people in secondary or deferred inspection a meaningful opportunity to consult with counsel or an interested party.
• Consultation must be available no later than one hour after secondary inspection begins and may include telephone access.
• Counsel and interested parties may advocate and submit evidence to examining officers; in-person appearances must be accommodated when practicable.
• Generally prevents DHS from accepting an LPR's Form I-407 at secondary or deferred inspection without first offering a chance to consult counsel, unless waived in writing.
• Defines covered individuals, counsel, and interested parties with detailed subcategories.
• Takes effect 180 days after enactment and includes a savings clause preserving existing counsel rights under other laws and court orders.
• Does not specify new funding, potentially creating operational costs for DHS to implement phone access, space, and scheduling.
• Applies to inspections at ports of entry and does not expand or create new substantive immigration statuses or benefits.