House Committee Print 116-53 - RULES COMMITTEE PRINT 116-53 TEXT OF HOUSE AMENDMENT TO THE SENATE AMENDMENT TO H.R. 2486116th Congress (2019-2020)
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March 5, 2020
Rules Committee Print 116-53
Text of House Amendment to the Senate Amendment to H.R. 2486
[Showing the text of H.R. 5581, Access to Counsel Act of 2020, as reported by the Committee on the Judiciary, with modifications.]
This title may be cited as the “Access to Counsel Act of 2020”.
(a) Access to counsel and other assistance during inspection.—Section 235 of the Immigration and Nationality Act (8 U.S.C. 1225) is amended by adding at the end the following:
“(1) IN GENERAL.—The Secretary of Homeland Security shall ensure that a covered individual has a meaningful opportunity to consult with counsel and an interested party during the inspection process.
“(A) provide the covered individual a meaningful opportunity to consult with counsel and an interested party not later than one hour after the secondary inspection process commences and as necessary throughout the inspection process, including, as applicable, during deferred inspection;
“(B) allow counsel and an interested party to advocate on behalf of the covered individual, including by providing to the examining immigration officer information, documentation, and other evidence in support of the covered individual; and
“(C) to the greatest extent practicable, accommodate a request by the covered individual for counsel or an interested party to appear in-person at the secondary or deferred inspection site.
“(A) IN GENERAL.—The Secretary of Homeland Security may not accept Form I-407 Record of Abandonment of Lawful Permanent Resident Status (or a successor form) from a lawful permanent resident subject to secondary or deferred inspection without providing such lawful permanent resident a reasonable opportunity to seek advice from counsel prior to the submission of the form.
“(B) EXCEPTION.—The Secretary of Homeland Security may accept Form I-407 Record of Abandonment of Lawful Permanent Resident Status (or a successor form) from a lawful permanent resident subject to secondary or deferred inspection if such lawful permanent resident knowingly, intelligently, and voluntarily waives, in writing, the opportunity to seek advice from counsel.
“(i) an attorney who is a member in good standing of the bar of any State, the District of Columbia, or a territory or a possession of the United States and is not under an order suspending, enjoining, restraining, disbarring, or otherwise restricting the attorney in the practice of law; or
“(ii) an individual accredited by the Attorney General, acting as a representative of an organization recognized by the Executive Office for Immigration Review, to represent a covered individual in immigration matters.
“(i) a national of the United States;
“(ii) an immigrant, lawfully admitted for permanent residence, who is returning from a temporary visit abroad;
“(iii) an alien seeking admission as an immigrant in possession of a valid unexpired immigrant visa;
“(iv) an alien seeking admission as a non-immigrant in possession of a valid unexpired non-immigrant visa;
“(v) a refugee;
“(vi) a returning asylee; or
“(vii) an alien who has been approved for parole under section 212(d)(5)(A), including an alien who is returning to the United States in possession of a valid advance parole document.
“(i) a relative of the covered individual;
“(ii) in the case of a covered individual to whom an immigrant or non-immigrant visa has been issued, the petitioner or sponsor thereof (including an agent of such petitioner or sponsor); or
“(iii) a person, organization, or entity in the United States with a bona fide connection to the covered individual.”.
(b) Effective date.—The amendment made by subsection (a) shall take effect 180 days after the date of the enactment of this Act.
(1) section 240(b)(4)(A) (8 U.S.C. 1229a(b)(4)(A)),
(2) section 292 of the Immigration and Nationality Act (8 U.S.C. 1362), or
(3) any other provision of law, including any final court order securing such rights,as in effect on the day before the date of the enactment of this Act.