Should Congress ensure that individuals crossing the border have access to counsel?

This bill has Passed the House of Representatives
Bill Summary

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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Opponents say

• "H.R. 1573 would grind legitimate trade and travel to a halt by providing that anyone referred to secondary inspection can, within an hour, consult with an attorney and call other third-parties. There are more than 17 million secondary inspections conducted each year at our 328 ports of entry. Can you imagine the effect of this bill? … The inspection itself is not a criminal process. It is a screening process to assure that only legal products enter our country. Only when it becomes a criminal matter is there a right to counsel." Source: Rep. Tom McClintock(Republican, California, District 4)
• "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

• "H.R. 1573, the 'Access to Counsel Act of 2021,' addresses a gap in our immigration laws—the inability of individuals subjected to prolonged inspection at ports of entry to receive the assistance of counsel. Countless individuals—including refugees, lawful permanent residents, and individuals with valid visas—are detained for hours by Customs and Border Protection, or CBP, and prevented from speaking with attorneys." Source: Rep. Jerry Nadler (Democrat, New York, District 10)

• "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)