House Representative Pramila Jayapal (D-W.A.) recently reintroduced the Access to Counsel Act to ensure that U.S. citizens, green card holders, and other individuals with legal status are able to consult with legal counsel, relatives, or other interested parties to seek assistance if they are detained by Customs and Border Protection (CBP) for more than one hour at ports of entry, including airports. Companion legislation will be introduced in the Senate in the coming weeks by Senator Alex Padilla (D-CA).

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 (by executing an I-407 or Record of Abandonment of Lawful Permanent Resident Status) if that person has been denied access to counsel.

The Access to Counsel Act was originally introduced by Representative Jayapal in 2017 as a response to Donald Trump’s Muslim Ban.