Should Congress ensure that individuals crossing the border have access to counsel?
The Access to Counsel Act of 2021 mandates that U.S. nationals, lawful permanent residents, aliens in possession of a visa, returning asylees, and refugees have access to counsel when they are subject to a secondary or deferred inspection as they attempt to cross into the U.S. Secondary inspections are an intensive screening process that takes place when a preliminary screening process is unable to determine if an individual is eligible to enter the U.S. Likewise, a deferred inspection occurs when a decision is unable to be made immediately at the port of entry (often due to missing documents). Under the Access to Counsel Act, counsel includes a provided attorney, an accredited immigration official, or an immigration sponsor.
Sponsor: Rep. Pramila Jayapal (Democrat, Washington, District 7)
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How do you feel?
Opponents say
• "Instead of working on solutions to address the ongoing border crisis the majority has brought forward legislation that would cripple our nation's screening process for individuals entering as US ports of entry (as it would slow down the process). Currently a right to counsel does exist, but it only occurs once a screening turns from questions on the admissibility of people or goods to a custodial interrogation related to a criminal offense." Source: Rep. Ben Cline> (Republican, VA, District 6)
Proponents say
• "The urgent need for this legislation once again became clear at the beginning of this year when at least 200 people of Iranian descent were detained at the northern border in Blaine, Wash. for up to 12 hours with no access to counsel. These lengthy detentions occurred while CBP repeatedly and falsely denied that Iranian Americans were being targeted for different treatment. Many of the people impacted were U.S. citizens as well as elderly people and children. Some had even undergone extra vetting to participate in a program for trusted travelers. A month later, CBP Acting Commissioner Mark Morgan admitted that border officials had gotten “a little overzealous” in their actions." Source: Rep. Pramila Jayapal (Democrat, Washington, District 7)