S. 349 - 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.

Introduced: 2017-02-09
Bill Status: Read twice and referred to the Committee on the Judiciary.
 

This bill amends the Immigration and Nationality Act to provide an individual in any removal, exclusion, or deportation proceeding or inspection (excluding primary inspections as defined by Department of Homeland Security policies) with a right to representation (at no expense to the government) by counsel of such individual's choosing, including remote counseling if counsel cannot personally meet with the individual.

A person held or detained at a port of entry may not submit a valid Record of Abandonment of Lawful Permanent Resident Status or Withdrawal of Application for Admission if such person has been denied access to counsel.

The bill extends the right to be accompanied, represented, and advised by counsel or other qualified representative before a government agency to any person subject to a proceeding, examination, holding, or detention.

The holding or detention of individuals at a port of entry or at any holding or detention facility overseen by U.S. Customs and Border Protection or U.S. Immigration and Customs Enforcement shall: (1) be limited to the briefest term and the least restrictive conditions practicable, (2) be consistent with the rationale for such holding or detention; and (3) shall include access to food, water, and rest room facilities.

Full Text


115th CONGRESS
1st Session
S. 349


    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.


IN THE SENATE OF THE UNITED STATES

February 9, 2017

    Ms. Harris (for herself, Mr. Blumenthal, Mr. Booker, Mr. Carper, Mrs. Gillibrand, Mr. Markey, and Ms. Warren) introduced the following bill; which was read twice and referred to the Committee on the Judiciary


A BILL

    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.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

SECTION 1. Clarification of right to counsel.

(a) Right to counsel in immigration proceedings.—Section 292 of the Immigration and Nationality Act (8 U.S.C. 1362) is amended to read as follows:

“SEC. 292. Right to counsel.

“(a) In general.—In any removal, exclusion, or deportation proceeding or inspection under section 235(a), 235(b), 236, 238, 240, or 241, the person subject to such proceeding shall be entitled to representation (at no expense to the Government) by such authorized counsel as the person may choose.

“(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 of such holding or detention, regardless of the day or time when such holding or detention began.

“(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 valid Record of Abandonment of Lawful Permanent Resident Status or Withdrawal of Application for Admission if such person has been denied access to counsel in accordance with this section.

“(d) Definitions.—In this section:

“(1) INSPECTION.—The term ‘inspection’ does not include primary inspection (as defined in the policies of the Department of Homeland Security).

“(2) PERSON.—The term ‘person’ has the meaning given the term in section 101(b)(3).”.

(b) Right to counsel or representation.—Section 555(b) of title 5, United States Code, is amended by adding at the end the following: “The right to be accompanied, represented, and advised by counsel or other qualified representative under this subsection shall extend to any person subject to a proceeding, examination, holding, or detention described in section 292 of the Immigration and Nationality Act (8 U.S.C. 1362).”.

(c) Savings provision.—Nothing in this section, or in any amendment made by this section, may be construed to limit any preexisting right to counsel under section 292 of the Immigration and Nationality Act (8 U.S.C. 1362), as in effect on the day before the date of the enactment of this Act, or under any other law.

SEC. 2. Treatment of individuals held or detained at ports of entry or at any CBP or ICE detention facility.

(a) In general.—The holding or detention of individuals at a port of entry or at any holding or detention facility overseen by U.S. Customs and Border Protection or U.S. Immigration and Customs Enforcement—

(1) shall be limited to the briefest term and the least restrictive conditions practicable and consistent with the rationale for such holding or detention; and

(2) shall include access to food, water, and restroom facilities.

(b) Savings provision.—Nothing in this section may be construed to limit agencies from complying with other legal authorities, policies, or standards with respect to treatment of individuals held or detained at ports of entry or at any holding or detention facility overseen by U.S. Customs and Border Protection or U.S. Immigration and Customs Enforcement.


Discussion

Relevant news stories and blog posts.

Title Worth Reading

Vote on S. 349

 

Activity in last 30 days