,,ii #aahth ,,congress #ast ,session ,s4 #cdb ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,february #i1 #bjbc,mr4 ,padilla 7for himself1 ,mr4 ,blumenthal1 ,mr4 ,booker1 ,mr4 ,cardin1 ,mr4 ,coons1 ,ms4 ,cortez ,masto1 ,ms4 ,duckworth1 ,mr4 ,durbin1 ,mrs4 ,gillibrand1 ,mr4 ,hickenlooper1 ,ms4 ,hirono1 ,mr4 ,lujn1 ,mr4 ,markey1 ,mrs4 ,murray1 ,mr4 ,sanders1 ,mr4 ,van ,hollen1 ,ms4 ,warren1 and ,mr4 ,welch7 introduced the following bill2 which was read twice and referred to the ,committee on the ,judiciary ,a ,,bill ,to clarify the rights of certain persons who are held or detained at a port of entry or at any facility overseen by ,u4,s4 ,customs and ,border ,protection4 #a4 ,short title ,this ,act may be cited as the ,access to ,counsel ,act of #bjbc4 #b4 ,access to counsel and other assistance at ports of entry and during deferred inspection 7a7 ,access to counsel and other assistance during inspection ,section #bce of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #abbe7 is amended by adding at the end the following3 7e7 ,access to counsel and other assistance during inspection at ports of entry and during deferred inspection 7#a7 ,in general ,the ,secretary of ,homeland ,security shall ensure that each covered individual has a meaningful opportunity to consult with counsel and an interested party during the inspection process4 7#b7 ,scope of assistance ,the ,secretary of ,homeland ,security shall-- 7,a7 provide each covered individual with a meaningful opportunity to consult 7including consultation by telephone7 with counsel and an interested party not later than #a hour after the secondary inspection process commences and as necessary throughout the remainder of the inspection process1 including1 as applicable1 during deferred inspection2 7,b7 allow counsel and an interested party to advocate on behalf of the covered individual1 including by providing to the examining immigration officer information1 documentation1 and other evidence in support of the covered individual2 and 7,c7 to the greatest extent practicable1 accommodate a request by the covered individual for counsel or an interested party to appear in person at the secondary or deferred inspection site4 7#c7 ,special rule for lawful permanent residents 7,a7 ,in general ,except as provided in subparagraph 7,b71 the ,secretary of ,homeland ,security may not accept a ,form ,i-#djg ,record of ,abandonment of ,lawful ,permanent ,resident ,status 7or a successor form7 from a lawful permanent resident subject to secondary or deferred inspection without first providing such lawful permanent resident a meaningful opportunity to seek advice from counsel4 7,b7 ,exception ,the ,secretary of ,homeland ,security may accept a ,form ,i-#djg ,record of ,abandonment of ,lawful ,permanent ,resident ,status 7or a successor form7 from any lawful permanent resident subject to secondary or deferred inspection if such lawful permanent resident knowingly1 intelligently1 and voluntarily waives1 in writing1 the opportunity to seek advice from counsel4 7#d7 ,definitions ,in this section3 7,a7 ,counsel ,the term counsel means-- 7i7 an attorney who is a member in good standing of the bar of any ,state1 the ,district of ,columbia1 or a territory or a possession of the ,united ,states and is not under an order suspending1 enjoining1 restraining1 disbarring1 or otherwise restricting the attorney in the practice of law2 or 7ii7 an individual accredited by the ,attorney ,general1 acting as a representative of an organization recognized by the ,executive ,office for ,immigration ,review1 to represent a covered individual in immigration matters4 7,b7 ,covered individual ,the term covered individual means an individual subject to secondary or deferred inspection who is-- 7i7 a national of the ,united ,states2 7ii7 an immigrant1 lawfully admitted for permanent residence1 who is returning from a temporary visit abroad2 7iii7 an alien seeking admission as an immigrant in possession of a valid unexpired immigrant visa2 7iv7 an alien seeking admission as a nonimmigrant in possession of a valid unexpired nonimmigrant visa2 7v7 a refugee2 7vi7 a returning asylee2 or 7vii7 an alien who has been approved for parole under section #bab7;d77#e77;,a71 including an alien who is returning to the ,united ,states in possession of a valid advance parole document4 7,c7 ,interested party ,the term interested party means-- 7i7 a relative of the covered individual2 7ii7 in the case of a covered individual to whom an immigrant or a nonimmigrant visa has been issued1 the petitioner or sponsor thereof 7including an agent of such petitioner or sponsor72 or 7iii7 a person1 organization1 or entity in the ,united ,states with a bona fide connection to the covered individual4 4 7b7 ,effective date ,the amendment made by subsection 7a7 shall take effect on the date that is #ahj days after the date of the enactment of this ,act4 7c7 ,savings provision ,nothing in this ,act1 or in any amendment made by this ,act1 may be construed to limit a right to counsel or any right to appointed counsel under-- 7#a7 section #bdj7;b77#d77;,a7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #abbi;a7b77#d77;,a772 7#b7 section #bib of such ,act 7#h ,u4,s4,c4 #acfb72 or 7#c7 any other provision of law1 including any final court order securing such rights1 as in effect on the day before the date of the enactment of this ,act4