This bill gives certain travelers the right to consult with a lawyer within one hour of being detained for secondary inspection at U.S. ports of entry. It applies to U.S. nationals, permanent residents, visa holders, refugees, and asylees. Counsel may advocate on their behalf during the inspection process.
Latest Action
Referred to the House Committee on the Judiciary.
AI Summary
Plain-English explanation of this bill
This bill gives certain travelers the right to consult with a lawyer within one hour of being detained for secondary inspection at U.S. ports of entry. It applies to U.S. nationals, permanent residents, visa holders, refugees, and asylees. Counsel may advocate on their behalf during the inspection process.
Last updated: 1/6/2026
Official Summary
Congressional Research Service summary
<p><b>Access to Counsel Act </b></p> <p>This bill provides various protections for covered individuals subject to secondary or deferred inspections when seeking admission into the United States. Covered individuals include U.S. nationals, lawful permanent residents, non-U.S. nationals (<i>aliens </i>under federal law) in possession of a visa, returning asylees, and refugees.</p> <p>The Department of Homeland Security must ensure that a covered individual subject to secondary or deferred inspection has a meaningful opportunity to consult with counsel and certain related parties, such as a relative, within an hour of the start of the secondary inspection and as necessary during the inspection process. The counsel and related party must be allowed to advocate on behalf of the covered individual, including by providing evidence and information to the examining immigration officer.</p> <p>A lawful permanent resident subject to secondary or deferred inspection may not abandon lawful permanent resident status until the individual has had a meaningful opportunity to seek advice from counsel, unless the individual voluntarily and knowingly waives in writing this opportunity to seek counsel's advice. <br/></p>
Key Points
Main provisions of the bill
Provides right to counsel within one hour of secondary inspection
Applies to U.S. nationals, permanent residents, and visa holders
Covers refugees and returning asylees
Allows counsel to advocate and provide evidence
Protects permanent residents from pressured status abandonment
How This Impacts Americans
Potential effects on citizens and communities
Travelers held for additional screening at airports and borders could consult a lawyer within an hour. Permanent residents could not be pressured to give up their status without legal advice. Attorneys could actively participate in the inspection process.
Policy Areas
Primary Policy Area
Immigration
Scope & Jurisdiction
Jurisdiction Level
federal
Congressional Session
119th Congress
Citation Reference
944, 119th Congress (2025). "Access to Counsel Act". Source: Voter's Right Platform. https://votersright.org/bills/118-hr-944
