S. 391

In brief

The Access to Counsel Act of 2025 requires the Department of Homeland Security to allow individuals in secondary or deferred inspection at U.S. ports of entry to consult with legal counsel or a relative. This mandate applies to U.S. nationals, lawful permanent residents, refugees, asylees, and valid visa holders, who must be given a meaningful opportunity for consultation within one hour of the inspection starting. Legal counsel may advocate for the individual and submit evidence to immigration officers. Additionally, the bill prohibits lawful permanent residents from abandoning their status during these inspections unless they have first consulted with counsel or signed a written waiver. Introduced by Senator Alex Padilla (D-CA), the legislation is currently under review by the Senate Judiciary Committee.