U.S. Senator Mazie K. Hirono, alongside Senator Alex Padilla and 13 other colleagues, has introduced the Access to Counsel Act. This legislation aims to ensure that U.S. citizens, green card holders, and others with legal status can consult with an attorney or other interested parties if detained by Customs and Border Protection (CBP) for over an hour at entry points like airports. In the House of Representatives, the companion bill is led by U.S. Representative Pramila Jayapal.
The need for this legislation arose from incidents following President Trump's travel ban in 2017, which affected individuals from Muslim-majority countries who were lawfully entering the United States but faced prolonged detentions without legal counsel.
Senator Hirono stated, “President Trump’s travel ban in 2017 suspended the entry of individuals from seven countries, unjustly detaining hundreds of people, denying them their basic rights, and sowing fear and chaos amongst immigrant and refugee communities.”
The proposed act mandates the Department of Homeland Security to facilitate communication between detained individuals with valid documents and their counsel during extended inspections by CBP. It also seeks to prevent CBP from coercing detainees into relinquishing their legal status without access to counsel.
The bill is supported by various organizations including the American Immigration Lawyers Association and Asian Americans Advancing Justice (AAJC). Besides Senators Hirono and Padilla, cosponsors include Senators Richard Blumenthal, Cory Booker, Chris Coons, Catherine Cortez Masto, Tammy Duckworth, Dick Durbin, John Hickenlooper, Edward J. Markey, Patty Murray, Jacky Rosen, Adam Schiff, Elizabeth Warren, and Peter Welch.
Senator Hirono remains active in immigration reform efforts with recent initiatives such as reintroducing the Neighbors Not Enemies Act aimed at repealing outdated laws targeting immigrants based on national origin.