Press Releases

Washington, DC - Today, Congresswoman Donna Shalala (FL-27) voted to pass H.R. 5581, the Access to Counsel Act of 2020, a bill that would provide the right to access legal counsel to qualified individuals subject to secondary or deferred inspections when seeking admission into the United States. Qualified individuals include U.S. nationals, lawful permanent residents, aliens in possession of a valid U.S. visa, and refugees.

“President Trump has led the most anti-immigrant administration in modern American history,” said Congresswoman Shalala. “This legislation is about protecting the people whose civil rights have been under assault by the Trump administration for the past three and a half years. Guaranteeing the right to access counsel is one the strongest deterrents we can provide in the face of an administration fixated on trampling the rights of immigrants.”

The Access to Counsel Act would allow qualified persons who present themselves at the border, airports, seaports and other points of entry with a right to access counsel under certain circumstances.  This right does not create an obligation for the federal government to pay for counsel, but it does provide access to those who are able to avail themselves of the right.

Additionally, the Access to Counsel Act would:

• Affirm the right to access counsel attaching at the time of holding or detention;

• Provide a redress option if counsel cannot personally meet with those detained at the border or ports of entry for the provision of legal advice remotely (e.g., phone or Video Teleconference).

• Invalidate any effort by CBP to persuade someone to relinquish their legal status (by executing a I-407 or Record of Abandonment of Lawful Permanent Resident Status) if that person has been denied access to counsel.

• Direct that CBP and ICE shall limit detention to the briefest term possible and least restrictive conditions practicable, and will include access to food, water, and restroom facilities.

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