CBP must offer detained immigrants a lawyer within one hour
S. 391 — Access to Counsel Act of 2025 · Filed by Alex Padilla (D-CA) · 18 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. The bill also prevents CBP from accepting a permanent resident's 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 establish a procedural right—access to counsel—during immigration detention and inspection. It does not change substantive immigration law or enforcement authority; it regulates the process by which CBP conducts inspections and accepts status abandonment.
What the text implies
- The one-hour consultation window may create operational friction at busy ports of entry, potentially requiring CBP to staff legal consultation areas or delay inspections, which could increase processing times and costs.
- The requirement to accommodate in-person counsel appearances 'to the greatest extent practicable' is vague and may generate disputes over what constitutes reasonable accommodation, leading to litigation.
- The bill's definition of 'interested party' is broad enough to include organizations with 'bona fide connection' to the detainee, which could enable advocacy groups to intervene in individual cases and expand the scope of secondary inspections.
- Lawful permanent residents can still abandon status, but only after consulting counsel—this does not prevent abandonment, only ensures informed consent, which may reduce later legal challenges but does not change the outcome.
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 government process where people are vulnerable to coerced decisions or abandonment of status. It does not shield CBP from enforcement; it ensures people can defend themselves with legal help.
Who stands to gain
- immigration law firms and attorneys
- accredited representative organizations
- legal aid 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), Section 235 (INA), Section 240 (INA), Section 292 (INA)
Where it stands
18 cosponsors: 18 Democrats.
- Feb 4, 2025 — Introduced · Congress.gov: “Introduced in Senate”
- Feb 4, 2025 — Referred to Senate Committee on the Judiciary · Congress.gov: “Read twice and referred to the Committee on the Judiciary. (Sponsor introductory remarks on measure: CR…”
Dates and quoted wording are Congress.gov's action record; the timeline shows status changes, not every procedural step.
Money around this bill
1 lobbying clients named this bill on 1 disclosure filings across 1 quarter, Jun 2026 to Jun 2026. Those filings disclosed $710,000 in lobbying spend. A filing names 24 bills on average, so that figure is what each filing reported, not a share belonging to this bill.
More lobbying clients named this bill than 0% of bills with at least one filing.
Alex Padilla, the sponsor, reported $176,500 in PAC receipts in the 2026 cycle.
- American Forest & Paper Association — $710,000 on 1 filing
Lobbying Disclosure Act filings through Jul 20, 2026. A filing shows who paid to lobby on a bill it names, not what changed.
How this was measured
Analysis — Quorum's AI read the bill text published by Congress.gov (4,308 characters) on Aug 17, 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.
Money — Senate Lobbying Disclosure Act filings whose specific-issue field names this bill for quarters ending Jun 2026 to Jun 2026. A filing's amount is reported whole beside the median number of bills a filing names; it is never divided across them. PAC receipts are FEC-reported contributions to the sponsor's candidate committee in the 2026 cycle.
As of — lobbying records through Jul 20, 2026 · page rendered 2026-10-20.
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