Sec. 1. Clarification of right to counsel
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Section 292 of the Immigration and Nationality Act ( 8 U.S.C. 1362 ) is amended to read as follows: 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. 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. 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.
In this section: The term inspection does not include primary inspection (as defined in the policies of the Department of Homeland Security). The term person has the meaning given the term in section 101(b)(3). . 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 ).
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.
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Sec. 1
Clarification of right to counsel
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