S.391 - Access to Counsel Act of 2025 (119th Congress)
Summary
The Access to Counsel Act of 2025 (S.391) aims to clarify and enhance the rights of individuals held or detained at U.S. ports of entry or facilities overseen by Customs and Border Protection (CBP). Specifically, it ensures access to counsel and other assistance during the inspection process, including secondary and deferred inspections. The bill mandates that covered individuals have a meaningful opportunity to consult with counsel and interested parties, typically within one hour of the commencement of secondary inspection.
Expected Effects
The primary effect of this bill would be to provide greater legal protection and advocacy for individuals undergoing inspection at ports of entry. It would allow individuals to seek legal advice before making critical decisions, such as abandoning lawful permanent resident status. This could lead to fewer potentially coerced or uninformed decisions during the inspection process.
Potential Benefits
- Ensures individuals have access to legal counsel during inspection processes.
- Allows counsel to advocate on behalf of the individual by providing information and documentation.
- Provides a special rule for lawful permanent residents, ensuring they have the opportunity to seek legal advice before abandoning their status.
- Defines 'counsel,' 'covered individual,' and 'interested party' to provide clarity and prevent misinterpretation.
- Could reduce instances of individuals being unfairly detained or processed due to lack of legal representation.
Potential Disadvantages
- May increase the time and resources required for inspections at ports of entry, potentially causing delays.
- Could be perceived as hindering CBP's ability to efficiently enforce immigration laws.
- Potential for increased litigation if individuals claim their right to counsel was not adequately provided.
- The definition of 'interested party' could be exploited to introduce individuals with questionable motives into the inspection process.
- May create logistical challenges for CBP in accommodating in-person appearances of counsel and interested parties at inspection sites.
Most Disadvantaged Areas:
Constitutional Alignment
The bill aligns with constitutional principles related to due process and the right to counsel, although these rights are not explicitly guaranteed at the border for all individuals. The Fifth Amendment ensures that no person shall be deprived of life, liberty, or property without due process of law. While the extent of due process rights at the border is a complex legal issue, this bill seeks to provide additional procedural safeguards. The Sixth Amendment right to counsel typically applies in criminal proceedings, but this bill extends access to counsel in certain civil immigration contexts, potentially strengthening protections for individuals facing detention or adverse immigration consequences.
Impact Assessment: Things You Care About ⓘ
This action has been evaluated across 19 key areas that matter to you. Scores range from 1 (highly disadvantageous) to 5 (highly beneficial).