By SDCN Editor
Washington, D.C.–U.S. Senator Adam Schiff (D-CA) joined Senator Alex Padilla (D-CA) in introducing the Access to Counsel Act to ensure that U.S. citizens, green card holders, and other individuals with legal status can consult with an attorney, relative, or other interested parties to seek assistance if they are detained by Customs and Border Protection (CBP) for more than an hour at ports of entry, including airports.
Padilla is the lead sponsor of this bill. U.S. Representative Pramila Jayapal (D-WA-07) is leading companion legislation in the House of Representatives.
The bill was introduced in conjunction with the NO BAN Act, legislation to prevent another Muslim Ban, which is led by Senator Chris Coons (D-DE) and Representative Judy Chu (D-CA-28). Schiff was a cosponsor of this bill when it was introduced in the House in the 118th Congress.
“President Trump’s sweeping executive and other actions on immigration will break up families, adversely impact Dreamers, and in the case of birthright citizenship, are plainly unconstitutional. Senator Padilla’s legislation, which I’m proud to help introduce, will protect those with legal status who are detained at our ports of entry – and reaffirm their constitutional right to representation,” said Senator Schiff.
“In his first term, President Trump’s cruel and unlawful travel ban led to the detention of countless legally present noncitizens at airports and ports of entry while denying them their basic legal rights,” said Senator Padilla. “Now, with another executive order setting the stage for a new travel ban, the Access to Counsel Act is more important than ever. These important guardrails would prevent CBP from blocking noncitizens it has detained with lawful permission to be in the United States from calling a lawyer or a trusted contact.”
“It was incredibly clear how critical this legislation was under the first Trump Administration, as he stripped basic civil rights away from individuals for reasons ranging from the color of their skin to the country of their origin. I remember rushing to my local airport and found a U.S. citizen woman waiting to welcome her husband who had been put on a plane back without being allowed to see an attorney, despite traveling on a valid visa,” said Representative Jayapal. “It is more important now than ever, under a second Trump Administration, that we codify the right to access counsel for detained persons who are legally allowed access to the United States. As we continue to see him scapegoat immigrants, we must protect people from unjust detention.”
The previous Muslim Ban in Trump’s first term unleashed chaos at airports and ports of entry across the country. People from Muslim-majority countries, with lawful permission to enter, were detained for hours without food or water before being deported. These individuals were often pressured to sign documents that amounted to them giving up their legal status. In many cases, these individuals had no opportunity to see an attorney or call anyone for legal guidance. Since then, there have been numerous instances of individuals in California and across the country being denied access to legal counsel while detained for long periods despite having valid visas.
The Access to Counsel Act would:
Require the Department of Homeland Security to ensure that people with valid travel documents who present themselves at the border, airports, or other points of interaction can communicate with counsel and other interested parties if they are subjected to prolonged inspection by CBP.
Allow counsel or a covered interested party the ability to advocate on behalf of the individual by providing information or documentation in support of the individual.
Invalidate any effort by CBP to persuade someone to relinquish their legal status if that person has been denied access to counsel.
In the Senate, the legislation is co-sponsored by Senators Richard Blumenthal (D-Conn.), Cory Booker (D-N.J.), Chris Coons (D-Del.), Catherine Cortez Masto (D-Nev.), Tammy Duckworth (D-Ill.), Dick Durbin (D-Ill.), John Hickenlooper (D-Colo.), Mazie Hirono (D-Hawaii), Edward J. Markey (D-Mass.), Patty Murray (D-Wash.), Jacky Rosen (D-Nev.), Elizabeth Warren (D-Mass.), and Peter Welch (D-Vt.).
The bill is also endorsed by American Immigration Lawyers Association, Asian Americans Advancing Justice AAJC, Asian Pacific Institute on Gender-Based Violence, Center for Gender & Refugee Studies, Coalition for Humane Immigrant Rights, Council on American-Islamic Relations (CAIR), Illinois Coalition for Immigrant and Refugee Rights, Immigration Equality Action Fund, Kids in Need of Defense, National Immigrant Justice Center, National Partnership for New Americans, OneAmerica, Sikh American Legal Defense and Education Fund, Southeast Asia Resource Action Center, and UnidosUS.
