Access to Counsel Act of 2025

Senate Bill

S. 391

119th Congress

Access to Counsel Act of 2025

In Committee

Introduced:Feb 4, 2025

Primary Sponsor

Alex Padilla

D - CA

Cosponsors

15

Quick Stats

Policy Area

Immigration

Summary

The Access to Counsel Act provides legal protections for travelers subject to secondary inspection at U.S. ports of entry. It requires DHS to allow citizens, permanent residents, visa holders, refugees, and asylees to consult with counsel within one hour of secondary inspection. Lawyers can advocate on behalf of travelers, and permanent residents cannot be pressured to abandon their status without consulting counsel first.

Latest Action

Read twice and referred to the Committee on the Judiciary. (Sponsor introductory remarks on measure: CR S595-596)

AI Summary

Plain-English explanation of this bill

The Access to Counsel Act provides legal protections for travelers subject to secondary inspection at U.S. ports of entry. It requires DHS to allow citizens, permanent residents, visa holders, refugees, and asylees to consult with counsel within one hour of secondary inspection. Lawyers can advocate on behalf of travelers, and permanent residents cannot be pressured to abandon their status without consulting counsel first.

Last updated: 1/4/2026

Official Summary

Congressional Research Service summary

Access to Counsel Act of 2025This 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 (aliens under federal law) in possession of a visa, returning asylees, and refugees.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.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.

Key Points

Main provisions of the bill

Requires access to counsel during secondary inspection
Must allow consultation within one hour
Covers citizens, LPRs, visa holders, refugees, asylees
Lawyers can advocate and present evidence
Protects permanent residents from coerced status abandonment
Applies throughout inspection process

How This Impacts Americans

Potential effects on citizens and communities

This bill addresses concerns about travelers being questioned for hours without legal representation or family contact during secondary inspections. The right to counsel would provide protection against coerced statements or status abandonment. Critics may argue it could slow processing and complicate enforcement. Supporters contend basic due process protections should extend to port of entry inspections, especially for those with legal status seeking to enter their own country.

Policy Areas

Primary Policy Area

Immigration

Scope & Jurisdiction

Jurisdiction Level

federal

Congressional Session

119th Congress

Citation Reference

391, 119th Congress (2025). "Access to Counsel Act of 2025". Source: Voter's Right Platform. https://votersright.org/bills/118-s-391