Access to Counsel Act of 2021
Latest action · Apr 22, 2021 Received in the Senate and Read twice and referred to the Committee on the Judiciary.
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.
- IntroducedMar 3, 2021
- Passed HouseApr 21, 2021
- Passed SenateNot reached
- To the PresidentNot reached
- Became lawNot reached
Summary
Access to Counsel Act of 2021
This bill provides various protections for covered individuals subject to secondary or deferred inspections when seeking admission into the United States. Covered individuals include U.S. nationals, lawful permanent residents, aliens in possession of a visa, returning asylees, and refugees.
The Department of Homeland Security shall ensure that a covered individual subject to secondary or deferred inspection has a meaningful opportunity to consult with counsel and certain related parties, such as a relative, within an hour of the start of the secondary inspection and as necessary during the inspection process. The counsel and related party shall be allowed to advocate on behalf of the covered individual, including by providing evidence and information to the examining immigration officer.
A lawful permanent resident subject to secondary or deferred inspection may not abandon lawful permanent resident status until the individual has had a meaningful opportunity to seek advice from counsel, unless the individual voluntarily and knowingly waives in writing this opportunity to seek counsel's advice.
Recorded votes 2
Newest first. Open one to see how every member voted.
| Roll call | Question | Result | Date |
|---|---|---|---|
| House 129 | On Passage | Passed217–207 | Apr 21, 2021 |
| House 128 | On Motion to Recommit | Failed209–215 | Apr 21, 2021 |
Cosponsors 49
Members who signed on, in the order they did. Signatures ran from Mar 8, 2021 to Apr 13, 2021.
| Seat | Cosponsor | Signed on | |
|---|---|---|---|
| D-CA | Adam B. Schiff | Mar 8, 2021 | |
| D-WA | Adam Smith | Mar 8, 2021 | |
| D-CA | Alan S. Lowenthal | Mar 8, 2021 | |
| D-CA | Barbara Lee | Mar 8, 2021 | |
| D-IL | Bobby L. Rush | Mar 8, 2021 | |
| D-DC | Eleanor Holmes Norton | Mar 8, 2021 | |
| D-GA | Henry C. "Hank" Johnson, Jr. | Mar 8, 2021 | |
| D-IL | Janice D. Schakowsky | Mar 8, 2021 | |
| D-IL | Jesús G. "Chuy" García | Mar 8, 2021 | |
| D-CA | Judy Chu | Mar 8, 2021 | |
| D-TX | Sylvia R. Garcia | Mar 8, 2021 | |
| D-FL | Theodore E. Deutch | Mar 8, 2021 | |
| D-NY | Yvette D. Clarke | Mar 8, 2021 | |
| D-CA | Zoe Lofgren | Mar 8, 2021 | |
| D-NY | Adriano Espaillat | Mar 9, 2021 | |
| D-MA | Ayanna Pressley | Mar 9, 2021 | |
| D-NJ | Bonnie Watson Coleman | Mar 9, 2021 | |
| D-FL | Debbie Wasserman Schultz | Mar 9, 2021 | |
| D-WA | Derek Kilmer | Mar 9, 2021 | |
| D-CA | Eric Swalwell | Mar 9, 2021 | |
| D-MA | James P. McGovern | Mar 9, 2021 | |
| D-MD | Jamie Raskin | Mar 9, 2021 | |
| D-NY | Jerrold Nadler | Mar 9, 2021 | |
| D-PA | Mary Gay Scanlon | Mar 9, 2021 | |
| D-AZ | Raúl M. Grijalva | Mar 9, 2021 | |
| D-CA | Ro Khanna | Mar 9, 2021 | |
| D-IN | André Carson | Mar 10, 2021 | |
| D-OR | Earl Blumenauer | Mar 10, 2021 | |
| D-CA | Nanette Diaz Barragán | Mar 10, 2021 | |
| D-AZ | Ruben Gallego | Mar 10, 2021 | |
| D-OR | Suzanne Bonamici | Mar 10, 2021 | |
| D-CO | Diana DeGette | Mar 26, 2021 | |
| D-CA | Grace F. Napolitano | Mar 26, 2021 | |
| D-CA | J. Luis Correa | Mar 26, 2021 | |
| D-CA | Juan Vargas | Mar 26, 2021 | |
| D-CA | Lucille Roybal-Allard | Mar 26, 2021 | |
| D-IL | Marie Newman | Mar 26, 2021 | |
| D-NY | Mondaire Jones | Mar 26, 2021 | |
| D-CA | Norma J. Torres | Mar 26, 2021 | |
| D-NY | Ritchie Torres | Mar 26, 2021 | |
| D-CA | Sara Jacobs | Mar 26, 2021 | |
| D-NM | Teresa Leger Fernandez | Mar 26, 2021 | |
| D-IL | Danny K. Davis | Apr 13, 2021 | |
| D-RI | David N. Cicilline | Apr 13, 2021 | |
| D-CO | Joe Neguse | Apr 13, 2021 | |
| D-IL | Mike Quigley | Apr 13, 2021 | |
| D-IL | Sean Casten | Apr 13, 2021 | |
| D-TX | Sheila Jackson Lee | Apr 13, 2021 | |
| D-CA | Ted Lieu | Apr 13, 2021 |
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 Mar 3, 2021Markup Apr 14, 2021Reported Apr 17, 2021 |
| Senate | Judiciary Committee | Referred Apr 22, 2021 |
Actions 19
Everything that happened, newest first.
- Apr 22, 2021Received in the Senate and Read twice and referred to the Committee on the Judiciary.
- Apr 21, 2021Considered under the provisions of rule H. Res. 330. (consideration: CR H2016-2025)
- Apr 21, 2021Rule provides for consideration of H.R. 51, H.R. 1573 and H.R. 1333. Measure will be considered read. Bill is closed to amendments. The previous question on each measure is considered ordered without intervening motions except one hour of debate and a motion to recommit. H. Res. 316 and H. Con. Res. 30 are adopted.
- Apr 21, 2021DEBATE - The House proceeded with one hour of debate on H.R. 1573.
- Apr 21, 2021The previous question was ordered pursuant to the rule.
In the Congressional Record 4
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 H2016–H2025Text printed H2016Motions H2024Recorded votes H2030, H2031enactIssa motion to recommitLists H2031, H2032Votes recorded by proxy on H.R. 1573, Access to Counsel ActVotes recorded by proxy on Issa motion to recommit H.R. 1573, Access to Counsel Act | Andy Biggs R-AZ, Ben Cline R-VA, Beth Van Duyne R-TX, Bob Good R-VA, Chip Roy R-TX, Darrell Issa R-CA (motion), David N. Cicilline D-RI, Janice D. Schakowsky D-IL, Jefferson Van Drew D-NJ, Jerrold Nadler D-NY, Jim Jordan R-OH, Ken Buck R-CO, Louie Gohmert R-TX, Madison Cawthorn R-NC, Nicole Malliotakis R-NY, Pramila Jayapal D-WA, Sheila Jackson Lee D-TX, Tom McClintock R-CA, Zoe Lofgren D-CA | Apr 21, 2021 |
| House | Debate and remarks H1968–H1979Text printed H1968Amendments H1976Recorded votes H1977, H1978consideration (H. Res. 330), previous questionLists H1978, H1979Votes recorded by proxy on H. Res. 330, consideration of H.R. 1573, Access to Counsel ActVotes recorded by proxy on previous question to H. Res. 330, consideration of H.R. 1573, Access to Counsel Act | Debbie Lesko R-AZ, Guy Reschenthaler R-PA (amendment), Jamie Raskin D-MD, Mary Gay Scanlon D-PA, Sheila Jackson Lee D-TX, Steny H. Hoyer D-MD | Apr 20, 2021 |
| House | Debate and remarks H1950 | Michael C. Burgess R-TX | Apr 19, 2021 |
| House | Debate and remarks H1874 | Steny H. Hoyer D-MD | Apr 16, 2021 |
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.
Committee report
Congressional Budget Office cost estimate
- Apr 15, 2021H.R. 1573, Access to Counsel Act of 2021As ordered reported by the House Committee on the Judiciary on April 14, 2021
Constitutional authority
The sponsor’s statement, as printed in the Congressional Record, vol. 167, no. 40, March 3, 2021, page H1081.
CRS reports 1
Congressional Research Service work that CRS links to this bill or the law it became, newest first.
Cite it 1
Products on other subjects that cite it, usually among other measures.
| Product | Title | Kind | Published |
|---|---|---|---|
| R47061 | Immigration Legislation and Issues in the 117th Congress | Report | Oct 21, 2022 |
Amendments 1
Amendments offered to this bill.
| Amendment | Description | Offered by | Status |
|---|---|---|---|
| HAmdt 43 | Pursuant to the provisions of H.Res. 330, the amendment in the nature of a substitute recommended by the Committee on the Judiciary is considered adopted. | Rules Committee | On agreeing to the Rules amendment (A001) Agreed to by voice vote. |
Related bills 2
Companion bills and other measures the record links to this one.
Titles 6
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.
- Official Titles as Amended by House
- To clarify the rights of certain persons who are held or detained at a port of entry or at any facility overseen by U.S. Customs and Border Protection.
- Short Title(s) as Introduced
- Access to Counsel Act of 2021
- Short Title(s) as Reported to House
- Access to Counsel Act of 2021
- Short Title(s) as Passed House
- Access to Counsel Act of 2021
- Short Titles from RFS (Referred to Senate) bill text
- Access to Counsel Act of 2021
Subjects
Assigned by the Library of Congress. Policy area: Immigration.
- Administrative remedies
- Border security and unlawful immigration
- Department of Homeland Security
- Detention of persons
- Evidence and witnesses
- Immigration
- Immigration status and procedures
- Lawyers and legal services
- Refugees, asylum, displaced persons
- Telephone and wireless communication
- Visas and passports
Text 4
Each version as it was printed, newest first.
- Apr 22, 2021Referred in Senate
- Apr 21, 2021Engrossed in House
- Apr 16, 2021Reported in House
- Mar 3, 2021Introduced 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.
