Access to Counsel Act of 2020

This bill establishes various protections for aliens in certain immigration-related proceedings or inspections.

When an alien is undergoing certain types of inspections or is subject to a removal, exclusion, or deportation proceeding, the alien shall be entitled to representation by counsel of the alien's choice, at no cost to the government. The current statute only states that an alien is entitled to representation in removal proceedings.

If such an alien is subject to detention or inspection at a port of entry and cannot meet with counsel, U.S. Customs and Border Protection (CBP) or U.S. Immigration and Customs Enforcement (ICE) shall provide for remote communication with counsel. If such an alien has been denied access to counsel, the alien may not submit paperwork to abandon lawful permanent resident status or to withdraw an application for admission.

The detention of an individual at a port of entry or a CBP or ICE facility shall (1) be limited to the briefest term and the least restrictive conditions necessary, and (2) include access to food, water, and restrooms.