Democrats have put forth a set of bills in both the House and Senate aimed at safeguarding the rights of detained immigrants by ensuring they have access to legal counsel.
California Democratic senators Adam Schiff and Alex Padilla have presented the Access to Counsel Act to support U.S. citizens, green card holders, and other individuals with legal status seeking to contact an attorney, family member, or other relevant parties if they are held by Customs and Border Protection for over an hour at points of entry, including airports.
Padilla serves as the primary sponsor of the legislation. Meanwhile, Rep. Pramila Jayapal (D-Washington) is spearheading similar legislation in the House of Representatives.
This bill was introduced alongside the NO BAN Act, aimed at preventing another Muslim Ban, a campaign led by Sen. Chris Coons (D-Delaware) and Rep. Judy Chu (D-Pasadena).
Schiff co-sponsored the bill when it was first presented in the House during the 118th Congress.
“President (Donald) Trump’s wide-ranging executive actions and other immigration policies will disrupt families, negatively affect Dreamers, and are clearly unconstitutional concerning birthright citizenship. I am proud to co-introduce Senator Padilla’s legislation, which aims to protect those with legal status held at our ports of entry while upholding their constitutional right to legal representation,” Schiff stated in a news release from his office.
Padilla emphasized the importance of the Access to Counsel Act, calling it “more crucial than ever” in light of Trump’s swift crackdown on immigration since taking office two weeks ago. He highlighted that the “important guardrails” this bill establishes would prevent CBP from denying detained noncitizens with lawful permission to be in the U.S. the ability to reach out to a lawyer or a trusted contact.
The lawmakers expressed concerns about the potential recurrence of situations similar to those experienced under the Muslim Ban during Trump’s first term, where individuals with authorized entry into the U.S. were detained for extended periods without food or water, coerced into signing documents relinquishing their legal status, or simply deported.
Specifically, the Padilla bill would:
- Obligate the Department of Homeland Security to ensure that individuals with valid travel documents who present themselves at borders, airports, or other locations can communicate with counsel and others if subjected to prolonged scrutiny by CBP.
- Permit counsel or an interested party to advocate for the individual by providing necessary information or documentation.
- Nullify any attempts by CBP to persuade an individual to forfeit their legal status if that individual has been denied access to legal counsel.
