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Access to Counsel Act of 2023
12/14/2023, 1:24 PM
Summary of Bill S 342
The bill outlines specific rights for individuals, including the right to consult with an attorney before and during any questioning by law enforcement. It also requires that law enforcement agencies inform individuals of their right to counsel and provide them with a list of pro bono legal services if they cannot afford an attorney.
Additionally, the Access to Counsel Act of 2023 prohibits law enforcement from using any statements made by an individual who has not been informed of their right to counsel in court proceedings. This is to protect individuals from being coerced into making self-incriminating statements without proper legal representation. Overall, the goal of Bill 118 s 342 is to ensure that individuals have access to legal counsel and are able to exercise their constitutional rights when interacting with law enforcement. It aims to promote fairness and protect the rights of individuals during legal proceedings.
Congressional Summary of S 342
Access to Counsel Act of 2023
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.
