Sec. 511. Access to counsel
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/bill/118/s/4361/pcs/section-511·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Section 235(b)(1)(B)(iv) of the Immigration and Nationality Act ( 8 U.S.C. 1225(b)(1)(B)(iv) ) is amended to read as follows: The Secretary of Homeland Security shall provide an alien with information in plain language regarding protection determinations conducted under this section, including the information described in subclause (II)— at the time of the initial processing of the alien; and to the maximum extent practicable, in the alien’s native language or in a language the alien understands.
The information described in this subclause is information relating to— the rights and obligations of the alien during a protection determination; the process by which a protection determination is conducted; the procedures to be followed by the alien in a protection determination; and the possible consequences of— not complying with the obligations referred to in item (aa); and not cooperating with Federal authorities. An alien who has a limitation that renders the alien unable to read written materials provided under subclause
(I)shall receive an interpretation of such materials in the alien’s native language, to the maximum extent practicable, or in a language and format the alien understands. The protection determination of an alien shall not occur earlier than 72 hours after the provision of the information described in subclauses
(I)and (II). An alien may— waive the 72-hour requirement under item
(aa)only if the alien knowingly and voluntarily does so, only in a written format or in an alternative record if the alien is unable to write, and only after the alien receives the information required to be provided under subclause (I); and consult with an individual of the alien’s choosing in accordance with subclause
(V)before waiving such requirement. An alien who is eligible for a protection determination may consult with one or more individuals of the alien’s choosing before the screening or interview, or any review of such a screening or interview, in accordance with regulations prescribed by the Secretary of Homeland Security. Consultation described in item
(aa)shall be at no expense to the Federal Government. An individual chosen by the alien may participate in the protection determination of the alien conducted under this subparagraph. The Secretary of Homeland Security shall ensure that a detained alien has effective access to the individuals chosen by the alien, which may include physical access, telephonic access, and access by electronic communication. Consultations under this subclause may include— consultation with an individual authorized by the Department of Justice through the Recognition and Accreditation Program; and consultation with an attorney licensed under applicable law. Nothing in this subclause may be construed— to require the Federal Government to pay for any consultation authorized under item (aa); to invalidate or limit the remedies, rights, and procedures of any Federal law that provides protection for the rights of individuals with disabilities; or to contravene or limit the obligations under the Vienna Convention on Consular Relations done at Vienna April 24, 1963. . Section 238(a)(2) of the Immigration and Nationality Act ( 8 U.S.C. 1228(a)(2) ) is amended by striking make reasonable efforts to ensure that the alien's access to counsel and inserting ensure that the alien's access to counsel, pursuant to section 235(b)(1)(B)(iv), .
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