CBP must offer detained travelers a lawyer within one hour
H.R. 944 — Access to Counsel Act · Filed by Pramila Jayapal (D-WA) · 73 cosponsors · Introduced Feb 4, 2025 · Referred to committee
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What it does
This bill requires U.S. Customs and Border Protection to give people detained at ports of entry a meaningful opportunity to speak with a lawyer or representative within one hour of secondary inspection and throughout the process. It applies to U.S. citizens, lawful permanent residents, visa holders, refugees, and parolees. For lawful permanent residents, CBP cannot accept their abandonment of status without first offering them a chance to consult counsel, unless they waive that right in writing.
Why we flagged it
The bill's core function is to amend immigration law to guarantee access to legal counsel during CBP inspections and detention. It is a straightforward procedural protection measure with no hidden mechanisms or narrow beneficiaries.
What the text implies
- The one-hour window for counsel access may create operational pressure on CBP to expedite secondary inspections or defer them, potentially affecting border processing timelines and resource allocation.
- Lawful permanent residents may face a strategic choice: waive counsel access to speed up processing, or delay departure/entry to consult an attorney, creating a de facto pressure to waive rights.
- The bill does not specify funding for legal representation or establish a public defender system at ports of entry, meaning access to counsel depends on individuals' ability to afford private attorneys or reach pro bono organizations.
- Definition of 'interested party' is broad enough to include agents of visa petitioners/sponsors, potentially allowing employers or family members with financial stakes to participate in inspection conversations.
Section numbers refer to the bill text the analysis read — linked under Primary records below.
Who it affects
The bill expands procedural rights for detained individuals by guaranteeing access to legal counsel during a critical administrative process where people often lack information about their rights. This strengthens due process and reduces the risk of people unknowingly surrendering legal status or making statements without legal guidance.
Who stands to gain
- immigration law firms
- legal aid organizations
- accredited representative organizations
Named in the bill
U.S. Customs and Border Protection (CBP), Department of Homeland Security (DHS), Executive Office for Immigration Review (EOIR), Immigration and Nationality Act (INA), Form I-407
Where it stands
73 cosponsors: 73 Democrats.
- Feb 4, 2025 — Introduced · Congress.gov: “Introduced in House”
- Feb 4, 2025 — Referred to House Committee on the Judiciary · Congress.gov: “Referred to the House Committee on the Judiciary”
Dates and quoted wording are Congress.gov's action record; the timeline shows status changes, not every procedural step.
How this was measured
Analysis — Quorum's AI read the bill text published by Congress.gov (4,258 characters) on Aug 19, 2026. Section numbers in the findings refer to that text, linked below; transparency and hidden-provision scores are compared against the median of 16,222 analysed bills.
Status and sponsors — Congress.gov's bill record — actions, committee referrals and cosponsors — loaded nightly. The timeline shows status changes, not every procedural action.
As of — page rendered 2026-10-20.
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