,,ii  #aafth ,,congress  #ast ,session  
,s4 #bbai  ,,in ,,the ,,senate ,,of     
,,the ,,united ,,states  ,july #bc1     
#bjai,ms4 ,harris 7for herself1 ,mr4    
,blumenthal1 ,ms4 ,warren1 ,mrs4        
,gillibrand1 ,mr4 ,markey1 and ,mr4     
,merkley7 introduced the following bill2
 which was read twice and referred to   
the ,committee on the ,judiciary  ,a    
,,bill  ,to clarify the rights of all   
persons who are held or detained at a   
port of entry or at any detention       
facility overseen by ,u4,s4 ,customs and
 ,border ,protection or ,u4,s4          
,immigration and ,customs ,enforcement4 
#a4 ,clarification of right to counsel  
7a7 ,right to counsel in immigration    
proceedings  7#a7 ,subparagraph 7,a7 of 
section #bdj7;b77#d7 of the ,immigration
 and ,nationality ,act 7#h ,u4,s4,c4    
#abbi;a7b77#d77 is amended to read as   
follows3  7,a7 the alien shall have the 
privilege of being represented by       
counsel of the alien's choosing who is  
authorized to practice in such          

proceedings1  4  7#b7 ,section #bib of  
the ,immigration and ,nationality ,act  
7#h ,u4,s4,c4 #acfb7 is amended to read 
as follows3  #bib4 ,right to counsel    
7a7 ,in general ,in any removal1        
exclusion1 or deportation proceeding or 
inspection under section #bce7;a71      
#bce7;b71 #bcf1 #bch1 #bdj1 or #bda1 the
 person subject to such proceeding shall
 be entitled to representation by such  
authorized counsel as the person may    
choose4  7b7 ,redress options ,if       
counsel cannot personally meet with a   
person subject to holding1 detention1 or
 inspection at a port of entry1 ,u4,s4  
,customs and ,border ,protection or     
,u4,s4 ,immigration and ,customs        
,enforcement1 as appropriate1 shall     
provide redress options through which   
counsel may communicate remotely with   
the held or detained person during the  
first hour and thereafter of such       
holding or detention1 regardless of the 
day or time when such holding or        
detention began4  7c7 ,record of        

abandonment of lawful permanent resident
 status or withdrawal of application for
 admission ,a person held or detained at
 a port of entry may not submit a valid 
,record of ,abandonment of ,lawful      
,permanent ,resident ,status or         
,withdrawal of ,application for         
,admission if such person has been      
denied access to counsel in accordance  
with this section4  7d7 ,definitions ,in
 this section3 7#a7 ,inspection ,the    
term inspection does not include primary
 inspection 7as defined in the policies 
of the ,department of ,homeland         
,security74  7#b7 ,person ,the term     
person has the meaning given the term in
 section #aja7;b77#c74  4  7b7 ,right to
 counsel or representation ,section     
#eee7;b7 of title #e1 ,united ,states   
,code1 is amended by adding at the end  
the following3 ,the right to be         
accompanied1 represented1 and advised by
 counsel or other qualified             
representative under this subsection    
shall extend to any person subject to a 

proceeding1 examination1 holding1 or    
detention described in section #bib of  
the ,immigration and ,nationality ,act  
7#h ,u4,s4,c4 #acfb744  7c7 ,savings    
provision ,nothing in this section1 or  
in any amendment made by this section1  
may be construed to limit any           
preexisting right to counsel under      
section #bib of the ,immigration and    
,nationality ,act 7#h ,u4,s4,c4 #acfb71 
as in effect on the day before the date 
of the enactment of this ,act1 or under 
any other law4  #b4 ,treatment of       
individuals held or detained at ports of
 entry or at any ,,cbp or ,,ice         
detention facility  7a7 ,in general ,the
 holding or detention of individuals at 
a port of entry or at any holding or    
detention facility overseen by ,u4,s4   
,customs and ,border ,protection or     
,u4,s4 ,immigration and ,customs        
,enforcement--  7#a7 shall be limited to
 the briefest term and the least        
restrictive conditions practicable and  
consistent with the rationale for such  

holding or detention2 and  7#b7 shall   
include access to food1 water1 and      
restroom facilities4  7b7 ,savings      
provision ,nothing in this section may  
be construed to limit agencies from     
complying with other legal authorities1 
policies1 or standards with respect to  
treatment of individuals held or        
detained at ports of entry or at any    
holding or detention facility overseen  
by ,u4,s4 ,customs and ,border          
,protection or ,u4,s4 ,immigration and  
,customs ,enforcement4