Statements on Introduced Bills and Joint Resolution

Floor Speech

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Mr. PADILLA. Mr. President, I rise to introduce the ``Access to Counsel Act.''

This legislation would ensure that all individuals with a legal right to be in the United States and are detained by Customs and Border Protection at ports of entry or airports have access to legal counsel.

This legislation would ensure that individuals who have legal status in the U.S. and are detained by Customs and Border Protection in secondary inspection at airports or other points of entry for more than an hour are granted an opportunity to access legal counsel and an interested party. An interested party is defined as a family member, sponsor, or organization with a connection to the individual.

The bill provides no obligation for the Federal government to pay for counsel and allows counsel the ability to advocate on behalf of the individual by providing information or documentation in support of the individual.

It also invalidates any effort by CBP to persuade someone to relinquish their legal status if that person has been denied access to counsel or voluntarily waives in writing their right to counsel.

The Trump Administration's immigration policies often caused unnecessary chaos and confusion.

One vivid example of this is when the first Muslim Ban was implemented, in early 2017, and thousands of U.S. citizens, green card holders, and others with valid visas were detained at airports for hours.

They were held by Customs and Border Protection officers without any ability to call a lawyer, a relative or an advocate. Many members of Congress rushed to the airports in an attempt to help these individuals and were barred from speaking to them or connecting them with attorneys.

In addition, in early 2020, 200 Iranian Americans were held at the northern border in Blaine, WA for 12 hours without access to counsel.

While President Biden has rescinded the travel bans, it is imperative that Americans and those with a legal right to be here have access to representation if they are held at a port of entry.

Thank you, Mr. President. ______

By Ms. COLLINS (for herself, Mr. Cardin, Mr. Marshall, Ms. Stabenow, Mrs. Capito, Mr. King, Mr. Cassidy, Ms. Sinema, Mr. Menendez, and Ms. Rosen):

S. 1943. A bill to amend title XVIII of the Social Security Act to improve access to, and utilization of, bone mass measurement benefits under part B of the Medicare program by establishing a minimum payment amount under such part for bone mass measurement; to the Committee on Finance.

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