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 full analysis lists 4 implications of this text.
Who stands to gain
immigration law firms; legal aid organizations; accredited representative organizations