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A bill to clarify the rights of all persons who are held or detained at a port of entry or at any detention facility overseen by U.S. Customs and Border Protection or U.S. Immigration and Customs Enforcement.

Read twice and referred to the Committee on the Judiciary.

Official summary

Version 00 · Introduced in Senate · Feb 9, 2017

This bill amends the Immigration and Nationality Act to provide an individual in any removal, exclusion, or deportation proceeding or inspection (excluding primary inspections as defined by Department of Homeland Security policies) with a right to representation (at no expense to the government) by counsel of such individual's choosing, including remote counseling if counsel cannot personally meet with the individual.

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.

The bill extends the right to be accompanied, represented, and advised by counsel or other qualified representative before a government agency to any person subject to a proceeding, examination, holding, or detention.

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The holding or detention of individuals at a port of entry or at any holding or detention facility overseen by U.S. Customs and Border Protection or U.S. Immigration and Customs Enforcement shall: (1) be limited to the briefest term and the least restrictive conditions practicable, (2) be consistent with the rationale for such holding or detention; and (3) shall include access to food, water, and rest room facilities.

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Who introduced it

Sen. Harris, Kamala D. [D-CA] · D–CA

Committees

  • Homeland Security Committee
  • Judiciary Committee
7 cosponsorship records, including any withdrawals

Actions

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  1. Read twice and referred to the Committee on the Judiciary.

  2. Introduced in Senate

Bill text & related measures

Text links open the official source. We currently store references to these documents.

Related bills identified by Congress.gov

Source last updated: Aug 10, 2026. Consult Congress.gov for the current record.

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Neutral evidence review

Objective

Analyze S.349 as objectively as possible. Explain its main provisions, who would be affected, possible benefits and harms, implementation, exceptions, and uncertainties. Present the strongest arguments for and against it, and identify evidence needed to assess its public impact.

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Fairness and public impact

Progressive lens

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Institutions and government scope

Conservative lens

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Individual rights and government power

Liberty lens

Examine S.349 through a civil-liberties and limited-government lens. Consider individual rights, privacy, voluntary choice, accountability, and government power. Explain tradeoffs, possible safeguards, and the strongest counterarguments without assuming the proposal is beneficial or harmful.

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