H.R. 944 — Access to Counsel Act

This section requires the Secretary of Homeland Security to ensure that covered individuals—defined to include U.S. nationals, returning lawful permanent residents (LPRs), aliens with valid immigrant or nonimmigrant visas, refugees, returning asylees, and approved parolees with advance parole documents—receive a meaningful opportunity to consult with counsel (i.e., attorneys or accredited representatives) and interested parties (i.e., relatives, visa petitioners/sponsors, or U.S. persons/entities with bona fide connections) during secondary or deferred inspection at ports of entry. Specifically, the Secretary must (1) allow consultation (including by telephone) no later than one hour after secondary inspection begins and as needed thereafter; (2) permit counsel and interested parties to advocate by submitting information, documentation, or evidence; and (3) to the greatest extent practicable, accommodate in-person appearances. The section further prohibits acceptance of an LPR's Form I-407 abandonment of status during such inspections without first providing counsel consultation, unless the LPR knowingly, intelligently, and voluntarily waives it in writing. The requirements take effect 180 days after enactment and include a savings provision preserving existing rights to counsel (including appointed counsel) under current law.