To clarify the rights of all persons who are held or detained at a port of entry or at any detention facility overseen by U.S. Customs and Border Protection or U.S. Immigration and Customs Enforcement.
Latest action · Feb 24, 2017 Referred to the Subcommittee on Border and Maritime Security.
Progress
Where this bill reached, and when. A stage with no date was not reached; one that failed a vote and later carried shows the date it carried.
- IntroducedFeb 13, 2017
- Passed HouseNot reached
- Passed SenateNot reached
- To the PresidentNot reached
- Became lawNot reached
Summary
This bill amends the Immigration and Nationality Act to provide an individual in any removal, exclusion, or deportation proceeding or inspection (excluding primary inspections as defined by Department of Homeland Security policies) with a right to representation (at no expense to the government) by counsel of such individual's choosing, including remote counseling if counsel cannot personally meet with the individual.
A person held or detained at a port of entry may not submit a valid Record of Abandonment of Lawful Permanent Resident Status or Withdrawal of Application for Admission if such person has been denied access to counsel.
The bill extends the right to be accompanied, represented, and advised by counsel or other qualified representative before a government agency to any person subject to a proceeding, examination, holding, or detention.
The holding or detention of individuals at a port of entry or at any holding or detention facility overseen by U.S. Customs and Border Protection or U.S. Immigration and Customs Enforcement shall: (1) be limited to the briefest term and the least restrictive conditions practicable, (2) be consistent with the rationale for such holding or detention; and (3) shall include access to food, water, and rest room facilities.
Cosponsors 66
Members who signed on, in the order they did. Signatures ran from Feb 13, 2017 to Sep 27, 2018; 32 are original cosponsors, there from the day it was introduced.
| Seat | Cosponsor | Signed on | |
|---|---|---|---|
| D-WA | Adam Smith | Original | Feb 13, 2017 |
| D-CA | Anna G. Eshoo | Original | Feb 13, 2017 |
| D-NJ | Bonnie Watson Coleman | Original | Feb 13, 2017 |
| D-LA | Cedric L. Richmond | Original | Feb 13, 2017 |
| D-FL | Debbie Wasserman Schultz | Original | Feb 13, 2017 |
| D-WA | Derek Kilmer | Original | Feb 13, 2017 |
| D-DC | Eleanor Holmes Norton | Original | Feb 13, 2017 |
| D-CA | Eric Swalwell | Original | Feb 13, 2017 |
| D-CA | Grace F. Napolitano | Original | Feb 13, 2017 |
| D-NY | Hakeem S. Jeffries | Original | Feb 13, 2017 |
| D-GA | Henry C. "Hank" Johnson, Jr. | Original | Feb 13, 2017 |
| D-MA | James P. McGovern | Original | Feb 13, 2017 |
| D-RI | James R. Langevin | Original | Feb 13, 2017 |
| D-MD | Jamie Raskin | Original | Feb 13, 2017 |
| D-NY | Jerrold Nadler | Original | Feb 13, 2017 |
| D-MI | John Conyers, Jr. | Original | Feb 13, 2017 |
| D-NY | Jose E. Serrano | Original | Feb 13, 2017 |
| D-CA | Juan Vargas | Original | Feb 13, 2017 |
| D-CA | Judy Chu | Original | Feb 13, 2017 |
| D-MN | Keith Ellison | Original | Feb 13, 2017 |
| D-CA | Lucille Roybal-Allard | Original | Feb 13, 2017 |
| D-IL | Luis V. Gutierrez | Original | Feb 13, 2017 |
| D-NM | Michelle Lujan Grisham | Original | Feb 13, 2017 |
| D-IL | Mike Quigley | Original | Feb 13, 2017 |
| D-CA | Norma J. Torres | Original | Feb 13, 2017 |
| D-NY | Nydia M. Velázquez | Original | Feb 13, 2017 |
| D-AZ | Raúl M. Grijalva | Original | Feb 13, 2017 |
| D-WA | Rick Larsen | Original | Feb 13, 2017 |
| D-TX | Sheila Jackson Lee | Original | Feb 13, 2017 |
| D-CA | Ted Lieu | Original | Feb 13, 2017 |
| D-NY | Yvette D. Clarke | Original | Feb 13, 2017 |
| D-CA | Zoe Lofgren | Original | Feb 13, 2017 |
| D-MI | Daniel T. Kildee | Feb 14, 2017 | |
| D-FL | Darren Soto | Feb 14, 2017 | |
| D-VA | Gerald E. Connolly | Feb 14, 2017 | |
| D-IL | Janice D. Schakowsky | Feb 14, 2017 | |
| D-GA | John Lewis | Feb 14, 2017 | |
| D-FL | Theodore E. Deutch | Feb 14, 2017 | |
| D-MN | Betty McCollum | Feb 15, 2017 | |
| D-MI | Brenda L. Lawrence | Feb 15, 2017 | |
| D-CO | Jared Polis | Feb 15, 2017 | |
| D-FL | Kathy Castor | Feb 15, 2017 | |
| D-OR | Suzanne Bonamici | Feb 15, 2017 | |
| D-TX | Beto O'Rourke | Feb 16, 2017 | |
| D-RI | David N. Cicilline | Feb 16, 2017 | |
| D-NV | Dina Titus | Feb 16, 2017 | |
| D-CA | Nanette Diaz Barragán | Feb 28, 2017 | |
| D-IL | Bobby L. Rush | Mar 1, 2017 | |
| D-CA | Pete Aguilar | Mar 9, 2017 | |
| D-FL | Alcee L. Hastings | Mar 15, 2017 | |
| D-TX | Marc A. Veasey | Apr 6, 2017 | |
| D-MA | Michael E. Capuano | Apr 25, 2017 | |
| D-CA | Barbara Lee | May 16, 2017 | |
| D-IL | Danny K. Davis | May 23, 2017 | |
| D-CA | Doris O. Matsui | May 23, 2017 | |
| D-PA | Michael F. Doyle | May 23, 2017 | |
| D-PA | Robert A. Brady | Jun 15, 2017 | |
| D-CA | Adam B. Schiff | Jun 20, 2017 | |
| D-IL | Bradley Scott Schneider | Jun 20, 2017 | |
| D-CA | Ro Khanna | Jul 14, 2017 | |
| D-NY | Eliot L. Engel | Apr 23, 2018 | |
| D-AZ | Ruben Gallego | Apr 23, 2018 | |
| D-TX | Al Green | May 9, 2018 | |
| D-MN | Richard M. Nolan | May 15, 2018 | |
| D-MA | Joseph P. Kennedy III | May 24, 2018 | |
| D-OR | Earl Blumenauer | Sep 27, 2018 |
Committees 2
Where it was sent and what each committee and subcommittee did with it, in order.
| Chamber | Committee | What it did |
|---|---|---|
| House | Judiciary Committee | Referred Feb 13, 2017 |
| Immigration Integrity, Security, and Enforcement Subcommittee | Referred Feb 13, 2017 | |
| House | Homeland Security Committee | Referred Feb 13, 2017 |
| Border Security and Enforcement Subcommittee | Referred Feb 24, 2017 |
Actions 5
Everything that happened, newest first.
- Feb 24, 2017Referred to the Subcommittee on Border and Maritime Security.
- Feb 14, 2017Sponsor introductory remarks on measure. (CR H1161)
- Feb 13, 2017Introduced in House
- Feb 13, 2017Referred to the Committee on the Judiciary, and in addition to the Committee on Homeland Security, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
- Feb 13, 2017Referred to the Subcommittee on Immigration and Border Security.
In the Congressional Record 1
Days the Record’s own index lists this bill, newest first, with the pages and the members it names. Pages starting H are the House, S the Senate, E Extensions of Remarks.
| Where | In the Record | Members | Date |
|---|---|---|---|
| House | Debate and remarks H1161 | Pramila Jayapal D-WA | Feb 14, 2017 |
Research
What has been written about this bill: committee reports, cost estimates, the sponsor’s authority statement, printed hearings and the Congressional Research Service’s work.
Constitutional authority
The sponsor’s statement, as printed in the Congressional Record, vol. 163, no. 25, February 13, 2017, page H1126.
Printed hearings 1
Hearings whose printed record names this bill, newest first: hearings on it, and wider hearings where it came up.
| Number | Hearing | Committee | Held |
|---|---|---|---|
| Serial No. 115-158 | VARIOUS MEASURES180 pages | Foreign Affairs Committee | Sep 27, 2018 |
Related bills 2
Companion bills and other measures the record links to this one.
| Bill | Title | Relationship | Latest action |
|---|---|---|---|
| S 349 | A bill to clarify the rights of all persons who are held or detained at a port of entry or at any detention facility overseen by U.S. Customs and Border Protection or U.S. Immigration and Customs Enforcement. | Identical bill | Feb 9, 2017 |
| HR 5581 | Access to Counsel Act of 2020 | Reintroduced Bill | Mar 5, 2020 |
Titles 1
Every title it has carried, official and short, at each stage.
- Official Title as Introduced
- To clarify the rights of all persons who are held or detained at a port of entry or at any detention facility overseen by U.S. Customs and Border Protection or U.S. Immigration and Customs Enforcement.
Subjects
Assigned by the Library of Congress. Policy area: Immigration.
Text 1
Each version as it was printed, newest first.
- Feb 13, 2017Introduced in House
Everything here is as published by Congress: the summary is the Congressional Research Service's, the action wording is the clerks', and the subjects are the Library of Congress's. How far it got is read from the actions themselves, taking the most recent one of each kind, so a bill that failed a vote and later passed is shown as having passed. Records come from this bill on Congress.gov and govinfo.gov; cost estimates are the Congressional Budget Office's, and the hearings are the printed hearings GovInfo publishes, which can appear months after the hearing.