Democrats introduced a package of bills in both the House and Senate in an attempt to maintain the rights of detained immigrants with proper documents to legal counsel.
California Democratic senators Adam Schiff and Alex Padilla introduced the Access to Counsel Act to assist U.S. citizens, green card holders and other individuals with legal status who seek to contact an attorney, relative, or other interested parties if they are detained by Customs and Border Protection for more than an hour at ports of entry, including airports.
Padilla is the lead sponsor of the bill. Rep. Pramila Jayapal (D-Washington) is leading companion legislation in the House of Representatives.
The bill was introduced in conjunction with the NO BAN Act, legislation to prevent another Muslim Ban, an effort led by Sen. Chris Coons (D-Delaware) and Rep. Judy Chu (D-Pasadena).
Schiff co-sponsored the bill when it was introduced in the House in the 118th Congress.
“President (Donald) Trump’s sweeping executive and other actions on immigration will break up families, adversely impact Dreamers, and in the case of birthright citizenship, are plainly unconstitutional. Senator Padilla’s legislation, which I’m proud to help introduce, will protect those with legal status who are detained at our ports of entry – and reaffirm their constitutional right to representation,” Schiff said in a news release from his office.
Padilla called the Access to Counsel Act “more important than ever” due to Trump’s rapid crackdown on immigration since taking office two weeks ago. What the senator described as “important guardrails” in the bill would keep CBP, he said, from stopping detained noncitizens “with lawful permission to be in the United States from calling a lawyer or a trusted contact.”
The legislators said they also fear a repeat of actions under the Muslim Ban during Trump’s first term, including people with permission to enter the U.S. being detained for hours without food or water, pressured to sign documents that amounted to them giving up their legal status or simply being deported.
Specifically, the Padilla bill 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 can communicate with counsel and others 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. Invalidate any effort by CBP to persuade someone to relinquish their legal status if that person has been denied access to counsel. Read More Details
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