S.Amdt. 3893

SA 3893, submitted by Mr. KIM, aims to add Section 1067 to the bill. This section focuses on access to counsel at installations of the Department of Defense.

The amendment proposes the following changes and additions:

• Legal Access: The Secretary of Defense and the Secretary of Homeland Security must ensure aliens detained on Department of Defense installations have prompt access to counsel. Counsel should not be required to provide prior notification of intent to visit.

• Facility Requirements: The Department of Defense must provide a designated location with a measure of privacy for counsel and detained aliens to discuss sensitive information. If physical visits are not possible, an alternative communication method like telephone or video teleconference must be provided.

• Record Keeping: The Secretary of Homeland Security and the Secretary of Defense must maintain records of counsel seeking access, including names, installation locations, arrival times, entry times, and justifications for any denied entry. These records must be made public daily on a Department of Homeland Security website.

• Program Restoration: The Attorney General is required to restore funding and operations for specific legal access and representation programs, including:

  • The legal orientation program for detained adults.
  • The immigration court help desk.
  • Family group legal orientation.
  • The counsel for children initiative.

• Limitation of Authority: The amendment states that nothing in the Act authorizes the Secretary of Defense to support or engage in immigration enforcement.

• Emergency Exception: The Secretary of Defense may limit counsel access to installations during an emergency.