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A bill to clarify the rights of certain persons who are held or detained at a port of entry or at any facility overseen by U.S. Customs and Border Protection.
2/12/2025, 11:56 AM
Summary of Bill S 391
Specifically, the bill outlines that individuals who are held or detained at a port of entry or CBP facility have the right to be informed of the reason for their detention, the right to contact legal counsel, and the right to access medical care if needed. Additionally, the bill emphasizes that individuals cannot be subjected to cruel or inhumane treatment while in detention.
The purpose of this bill is to provide clarity and protection for individuals who may be vulnerable or at risk of mistreatment while in the custody of CBP. By outlining these rights, the bill aims to ensure that individuals are treated with dignity and respect while in detention. Overall, Bill 119 s 391 seeks to uphold the rights of individuals who are held or detained at ports of entry or CBP facilities, and to prevent any potential abuses of power or mistreatment of detainees.
Congressional Summary of S 391
Access to Counsel Act of 2025
This bill provides various protections for covered individuals subject to secondary or deferred inspections when seeking admission into the United States. Covered individuals include U.S. nationals, lawful permanent residents, non-U.S. nationals (aliens under federal law) in possession of a visa, returning asylees, and refugees.
The Department of Homeland Security must ensure that a covered individual subject to secondary or deferred inspection has a meaningful opportunity to consult with counsel and certain related parties, such as a relative, within an hour of the start of the secondary inspection and as necessary during the inspection process. The counsel and related party must be allowed to advocate on behalf of the covered individual, including by providing evidence and information to the examining immigration officer.
A lawful permanent resident subject to secondary or deferred inspection may not abandon lawful permanent resident status until the individual has had a meaningful opportunity to seek advice from counsel, unless the individual voluntarily and knowingly waives in writing this opportunity to seek counsel's advice.
