-9999
Floor Speech
BREAK IN TRANSCRIPT
Mr. PADILLA. Mr. 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 have access to legal counsel if they are held by Customs and Border Protection at ports of entry or at airports.
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 1 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 being held at a port of entry, including by providing information or documentation in support of the individual.
It also invalidates any effort by CBP to persuade a lawful permanent resident to relinquish their legal status if that person has been denied access to counsel or voluntarily waives in writing their right to counsel.
In 2017, under the first Trump administration, a 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 early 2020, for example, dozens of Iranian Americans were held at the northern border in Blaine, WA, for 12 hours without access to counsel.
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 able to call counsel, family, or someone to support them. It is imperative that we are prepared this time and ensure that Americans and those with a legal right to be here have access to representation if they are held at a port of entry.
With a second Trump administration beginning, we must be ready for similar policies to be implemented and be proactive about trying to place guardrails against these abuses.
BREAK IN TRANSCRIPT
Source