Statements on Introduced Bills and Joint Resolutions

Floor Speech

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Mr. PADILLA. Madam President, I rise to introduce the Access to Counsel Act.

This legislation would ensure that all individuals with a legal right to be in the United States who are held by Customs and Border Protection at ports of entry or airports have access to legal counsel.

This legislation would ensure that individuals who have a legal right to be in the United States and are held by Customs and Border Protection in secondary inspection at airports or other points of entry for more than an hour are granted an opportunity to access legal counsel and an interested party. An interested party is defined as a family member, sponsor, or organization with a connection to the individual.

The bill creates no obligation for the Federal Government to pay for counsel and allows counsel the ability to advocate on behalf of the individual by providing information or documentation in support of the individual.

It also invalidates any effort by CBP to persuade someone to relinquish their legal status if that person has been denied access to counsel or voluntarily waives in writing their right to counsel.

There have been repeated reports of CBP detaining individuals based on their nationality. In 2017, the first Muslim ban was implemented, and thousands of U.S. citizens, green card holders, and others with valid visas were detained at airports for hours.

They were held by CBP officers without any ability to call a lawyer, relative, or advocate. Many Members of Congress rushed to the airports in an attempt to help these individuals and were barred from speaking to them or connecting them with attorneys.

In addition, 200 Iranian-Americans were held at the northern border in Blaine, WA, for 12 hours without access to counsel in early 2020.

Everyone who has valid travel documents and is seeking entry to the United States should be afforded due process. If CBP refers someone to secondary inspection, they should be apprised of their right to call counsel or an interested party. It is imperative that Americans and those with a legal right to be here have access to representation if they are held at a port of entry. ______

By Mr. THUNE (for himself, Mr. Brown, Mr. Merkley, Mr. Rounds, Mr. Cramer, Ms. Smith, and Mr. King):

S. 354. A bill to amend the Poultry Products Inspection Act and the Federal Meat Inspection Act to support small and very small meat and poultry processing establishments, and for other purposes; to the Committee on Agriculture, Nutrition, and Forestry.

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