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Access to Counsel Act of 2021
3/8/2023, 8:26 PM
Summary of Bill HR 1573
Additionally, the bill prohibits federal law enforcement agencies from interrogating individuals who are not represented by legal counsel, unless the individual knowingly and voluntarily waives their right to counsel. This provision is intended to protect individuals from being coerced into making statements without the benefit of legal advice.
Furthermore, the Access to Counsel Act of 2021 requires federal law enforcement agencies to provide individuals with a list of attorneys who are available to represent them, as well as information on how to contact these attorneys. This provision is designed to ensure that individuals have access to legal representation, even if they are unable to afford an attorney on their own. Overall, the Access to Counsel Act of 2021 seeks to uphold the constitutional right to legal counsel for individuals who are detained or interrogated by federal law enforcement agencies. By providing individuals with access to legal representation, the bill aims to protect their rights and ensure fair treatment under the law.
Congressional Summary of HR 1573
Access to Counsel Act of 2021
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, aliens in possession of a visa, returning asylees, and refugees.
The Department of Homeland Security shall 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 shall 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.
