S. 391 — Access to Counsel Act of 2025

This section establishes requirements for the Secretary of Homeland Security to provide covered individuals—defined as U.S. nationals, returning lawful permanent residents from temporary visits abroad, immigrants or nonimmigrants with valid unexpired visas, refugees, returning asylees, or aliens approved for parole (including with valid advance parole documents)—a meaningful opportunity to consult with counsel (i.e., attorneys or accredited representatives) and an interested party (i.e., relatives, visa petitioners/sponsors, or U.S. persons/organizations with a bona fide connection) during secondary or deferred inspection at ports of entry. Such consultation must occur, including by telephone, no later than one hour after secondary inspection commences and as necessary thereafter; counsel and interested parties may advocate by submitting information, documentation, and evidence to the inspecting officer and, to the greatest extent practicable, appear in person. The section further prohibits acceptance of a lawful permanent resident's Form I-407 abandonment of status during such inspections without first providing counsel consultation, unless the resident knowingly, intelligently, and voluntarily waives it in writing. The requirements take effect 180 days after enactment, with a savings provision preserving existing rights to counsel under other laws.