H.R. 5581 — what changed

changed “292. Right “(e) Access to counselcounsel and other assistance during inspection

changed “(a) “(1) In general—In any removal, exclusion, deportation proceeding, or inspection under section 235(a), 235(b), 236, 238, 240, or 241, the person subject to such proceeding general—The Secretary of Homeland Security shall be entitled to representation (at no expense ensure that a covered individual has a meaningful opportunity to the Government) by such authorized consult with counsel as and an interested party during the person may choose.inspection process.

changed “(b) Redress options—If counsel cannot personally meet with a person subject to holding, detention, or inspection at a port of entry, U.S. Customs and Border Protection or U.S. Immigration and Customs Enforcement, as appropriate, shall provide redress options through which counsel may communicate remotely with the held or detained person during the first hour and thereafter “(2) Scope of such holding or detention, regardless assistance—The Secretary of the day or time when such holding or detention began.Homeland Security shall—

changed “(c) Record of abandonment of lawful permanent resident status or withdrawal of application for admission—A person held or detained at a port of entry may not submit “(A) provide the covered individual a valid Record of Abandonment of Lawful Permanent Resident Status or Withdrawal of Application for Admission if such person has been denied access meaningful opportunity to counsel in accordance consult with this section.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;

changed “(d) Definitions—In this section:“(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

changed “(1) Inspection—The term “inspection” does not include primary inspection (as defined in “(C) to the policies of greatest extent practicable, accommodate a request by the Department of Homeland Security).covered individual for counsel or an interested party to appear in-person at the secondary or deferred inspection site.

changed “(2) Person—The term “person” has the meaning given the term in section 101(b)(3).”“(3) Special rule for lawful permanent residents

added “(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.

added “(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.

added “(4) Definitions—In this section:

added “(A) Counsel—The term “counsel” means—

added “(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

added “(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.

added “(B) Covered individual—The term “covered individual” means an individual subject to secondary or deferred inspection who is—

added “(i) a national of the United States;

added “(ii) an immigrant, lawfully admitted for permanent residence, who is returning from a temporary visit abroad;

added “(iii) an alien seeking admission as an immigrant in possession of a valid unexpired immigrant visa;

added “(iv) an alien seeking admission as a non-immigrant in possession of a valid unexpired non-immigrant visa;

added “(v) a refugee; or

added “(vi) 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.

added “(C) Interested party—The term “interested party” means—

added “(i) a relative of the covered individual;

added “(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

added “(iii) a person, organization, or entity in the United States with a bona fide connection to the covered individual.”