Once again, two bills focused on immigration processing have passed the U.S. House of Representatives. The two bills, the NO BAN Act and the Access to Counsel Act of 2021 passed predominantly along party lines with relatively close margins.
Similar versions of the current bills also passed the House in July 2020. Upon admission to the U.S. Senate, the bills were stalled at the close of the legislative session.
The NO BAN Act would amend the Immigration and Nationality Act, limiting the option of any U.S. president to block noncitizens from entering the U.S. solely based on the country of origin. The Act also prohibits religious discrimination when it comes to immigration decisions.
The Access to Counsel Act ensures travelers at U.S. ports of entry have the right to legal counsel or to have a family member advocate on their behalf if held for questioning or inspection.
Specifically, as Title 42 has been activated to protect against the spread of COVID, individuals attempting to come to the U.S. have been turned back quickly, without counsel or family to advocate for them.
Title 42 of the U.S. health law under the Department of Health and Human Services (HHS) allows the Director of the Centers for Disease Control and Prevention (CDC) to prohibit entry to the U.S. if there is a serious danger of communicable disease. This Title was enacted in March of 2020 as COVID continued to spread. Under Title 42, officers of the U.S. Customs and Border Protection (CBP) can turn people back at points of entry, often very quickly.
We continue to monitor all immigration developments and keep our clients advised. If you have questions, contact our attorneys. We work with you to give you the right advice for your specific situation.
