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