119-hr1061

[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1061 Introduced in House

    (IH) ]

<DOC>

119th CONGRESS
 1st Session
 H. R. 1061

 To amend 

section 287 of the Immigration and Nationality Act to limit 
immigration enforcement actions at sensitive locations, to clarify the 
 powers of immigration officers at sensitive locations, and for other 
 purposes.

_______________________________________________________________________

 IN THE HOUSE OF REPRESENTATIVES

 February 6, 2025

 Mr. Espaillat (for himself, Mr. McGovern, Ms. Sanchez, Mr. Tonko, Mr. 
 Johnson of Georgia, Ms. Tlaib, Ms. Lofgren, Mr. Takano, Mrs. McIver, 
 Mr. Grijalva, Ms. Velazquez, Mr. Pallone, Ms. Ansari, Ms. Moore of 
Wisconsin, Ms. Wasserman Schultz, Mr. Green of Texas, Ms. Barragan, Mr. 
 Goldman of New York, Ms. Pingree, Ms. Tokuda, Mr. Peters, Mrs. Hayes, 
 Mr. Panetta, Mr. Larson of Connecticut, Ms. Clarke of New York, Ms. 
 Crockett, Mrs. Ramirez, Ms. Garcia of Texas, Mr. Garcia of Illinois, 
Ms. Jayapal, Ms. Bonamici, Mr. Beyer, Mr. Casten, Ms. Omar, Ms. Jacobs, 
 Mr. Turner of Texas, and Ms. Ocasio-Cortez) introduced the following 
 bill; which was referred to the Committee on the Judiciary

_______________________________________________________________________

 A BILL

 To amend 

section 287 of the Immigration and Nationality Act to limit 
immigration enforcement actions at sensitive locations, to clarify the 
 powers of immigration officers at sensitive locations, and for other 
 purposes.

 Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

 This Act may be cited as the ``Protecting Sensitive Locations 
Act''.

SEC. 2. POWERS OF IMMIGRATION OFFICERS AND EMPLOYEES AT SENSITIVE 
 LOCATIONS.

    (a) In General.--

Section 287 of the Immigration and Nationality Act 
(8 U.S.C. 1357) is amended by adding at the end the following:
 ``
            (i) (1) In order to ensure individuals' access to sensitive 
locations, this subsection shall apply to any enforcement action by--
 ``
        (A) officers or agents of the Department of Homeland 
 Security, including officers and agents of U.S. Immigration and 
 Customs Enforcement and U.S. Customs and Border Protection; and
 ``
        (B) any individual designated to perform immigration 
 enforcement functions pursuant to subsection

    (g) .
 ``

    (2)
        (A) An enforcement action may not take place at, be focused 
on, or occur within, 1,000 feet of a sensitive location, except under 
exigent circumstances.
 ``
        (B) If an immigration enforcement action is taking place 
 under exigent circumstances, and the exigent circumstances 
 permitting the enforcement action cease, the enforcement action 
 shall be discontinued until such exigent circumstances 
 reemerge.
 ``
            (C) If an individual referred to in subparagraph
        (A) or
        (B) of paragraph

    (1) is not certain as to whether exigent 
 circumstances exist, the individual shall cease the enforcement 
 action immediately, consult with their supervisor in real time 
 as to the existence of exigent circumstances, and shall not 
 continue the enforcement action until the individual's 
 supervisor affirmatively confirms the existence of exigent 
 circumstances.
 ``

    (3)
        (A) When proceeding with an enforcement action at or near a 
sensitive location, individuals referred to in subparagraphs
        (A) and
        (B) of paragraph

    (1) shall make every effort--
 ``
            (i) to conduct themselves as discreetly as 
 possible, consistent with officer and public safety;
 ``
            (ii) to limit the time spent at the sensitive 
 location; and
 ``
            (iii) to limit the enforcement action to the 
 person or persons for whom prior approval was obtained.
 ``
        (B) If, in the course of an enforcement action that is 
 not initiated at or focused on a sensitive location, 
 individuals referred to in subparagraphs
        (A) and
        (B) of 
 paragraph

    (1) are led to or near a sensitive location, and no 
 clear exigent circumstance with respect to the sensitive 
 location exists, such individuals shall--
 ``
            (i) cease before taking any further enforcement 
 action;
 ``
            (ii) conduct themselves in a discreet manner;
 ``
            (iii) maintain surveillance; and
 ``
            (iv) in the event that uncertainty exists about 
 the existence of exigent circumstances, immediately 
 consult their supervisor in order to determine whether 
 such enforcement action should be discontinued pursuant 
 to paragraph

    (2)
            (C) .
 ``
            (C) This subsection shall not apply to the transportation 
 of an individual apprehended at or near a land or sea border to 
 a hospital or health care provider for the purpose of providing 
 such individual medical care.
 ``
            (D) This subsection shall not apply to a rare 
 premeditated arrest operation, undertaken with the prior 
 written approval of an appropriate authorizing official, 
 involving the targeted arrest of a terrorist suspect, an 
 individual who poses a clear threat to national security, or an 
 individual who poses an extraordinary danger to public safety.
 ``

    (4) If an enforcement action is carried out in violation of this 
subsection--
 ``
        (A) no information resulting from the enforcement action 
 may be entered into the record or received into evidence in a 
 removal proceeding resulting from the enforcement action; and
 ``
        (B) the alien who is the subject of such removal 
 proceeding may file a motion for the immediate termination of 
 the removal proceeding.
 ``

    (5)
        (A) Each official specified in subparagraph
        (B) shall ensure 
that the employees under the supervision of such official receive 
annual training in compliance with the requirements of this subsection, 

section 239, and 

section 384 of the Illegal Immigration Reform and 
Immigrant Responsibility Act of 1996 (8 U.S.C. 1367).
 ``
        (B) The officials specified in this subparagraph are the 
 following:
 ``
            (i) The Chief Counsel of U.S. Immigration and 
 Customs Enforcement.
 ``
            (ii) The Field Office Directors of U.S. 
 Immigration and Customs Enforcement.
 ``
            (iii) Each Special Agent in Charge of U.S. 
 Immigration and Customs Enforcement.
 ``
            (iv) Each Chief Patrol Agent of U.S. Customs and 
 Border Protection.
 ``
            (v) The Director of Field Operations of U.S. 
 Customs and Border Protection.
 ``
            (vi) The Director of Air and Marine Operations of 
 U.S. Customs and Border Protection.
 ``
            (vii) The Internal Affairs Special Agent in 
 Charge of U.S. Customs and Border Protection.
 ``

    (6)
        (A) Not later than 30 days after any enforcement action is 
taken at a sensitive location by any individual referred to in 
subparagraph
        (A) or
        (B) of paragraph

    (1) , the Secretary of Homeland 
Security shall provide a report to both the Office of the Inspector 
General of the Department of Homeland Security and the Office for Civil 
Rights and Civil Liberties of the Department of Homeland Security for 
each of these individual enforcement actions, which shall contain the 
following information:
 ``
            (i) The date, State, and local political 
 subdivision (such as city, town, or county) in which 
 each enforcement action occurred.
 ``
            (ii) The specific sensitive location site where 
 the enforcement action occurred.
 ``
            (iii) The type of enforcement action that 
 occurred.
 ``
            (iv) The specific department, agency, and 
 officers responsible for the enforcement action.
 ``
            (v) A thorough description of the circumstances 
 which purportedly justified the enforcement action, 
 including either--
 ``
            (I) a clear description of the exigent 
 circumstances involved; or
 ``
            (II) a certified copy of the written 
 approval for the immigration arrest that was 
 signed by an appropriate authorizing officer, 
 along with a clear description of the specific 
 and rare threat which justified the premediated 
 arrest at this sensitive location.
 ``
            (vi) A description of the intended target of the 
 enforcement action.
 ``
            (vii) The number of individuals, if any, arrested 
 or taken into custody through the enforcement action.
 ``
            (viii) The number of collateral arrests, if any, 
 from the enforcement action and the reasons for each 
 such arrest.
 ``
            (ix) A certification of whether a supervisor was 
 contacted prior to, during, or after each such 
 enforcement action.
 ``
        (B) An appropriate committee of Congress shall, at any 
 time, be able to request and successfully receive a 
 confidential or redacted copy of one of the individual reports 
 described in subparagraph
        (A) .
 ``

    (7)
        (A) The Director of U.S. Immigration and Customs Enforcement 
and the Commissioner of U.S. Customs and Border Protection shall each 
submit to the appropriate committees of Congress each year a report on 
the enforcement actions undertaken by U.S. Immigration and Customs 
Enforcement and U.S. Customs and Border Protection, respectively, 
during the preceding year that were covered by this subsection.
 ``
        (B) Each report on an agency for a year under this 
 paragraph shall set forth the following:
 ``
            (i) The number of enforcement actions at or 
 focused on a sensitive location.
 ``
            (ii) The number of enforcement actions where 
 officers or agents were subsequently led to or near a 
 sensitive location.
 ``
            (iii) The date, site, State, and local political 
 subdivision (such as city, town, or county) in which 
 each enforcement action covered by clause
            (i) or
            (ii) occurred.
 ``
            (iv) The component of the agency responsible for 
 each such enforcement action.
 ``
            (v) A description of the intended target of each 
 such enforcement action.
 ``
            (vi) The number of individuals, if any, arrested 
 or taken into custody through each such enforcement 
 action.
 ``
            (vii) The number of collateral arrests, if any, 
 from each such enforcement action and the reasons for 
 each such arrest.
 ``
            (viii) A certification of whether the location 
 administrator was contacted prior to, during, or after 
 each such enforcement action.
 ``

    (8)
        (A) The Office of the Inspector General of the Department of 
Homeland Security shall submit to the appropriate committees of 
Congress each year a report on the complaints of enforcement actions 
taken in sensitive locations by U.S. Immigration and Customs 
Enforcement and U.S. Customs and Border Protection during the preceding 
year that were covered by this subsection.
 ``
        (B) Each report for a year under this paragraph shall set 
 forth the following:
 ``
            (i) The number of complaints of enforcement 
 actions reported at or focused on a sensitive location.
 ``
            (iii) The reported date, site, State, and local 
 political subdivision (such as city, town, or county) 
 in which each enforcement action covered was by clause
            (i) occurred.
 ``
            (iv) The reported agency responsible for each 
 such enforcement action.
 ``
            (v) A description of the intended target of each 
 such enforcement action.
 ``
            (vi) The reported number of individuals, if any, 
 arrested or taken into custody through each such 
 enforcement action.
 ``
            (vii) The reported number of collateral arrests, 
 if any, from each such enforcement action and the 
 reasons for each such arrest.
 ``
            (viii) If available, a certification of whether 
 the location administrator was contacted prior to, 
 during, or after each such enforcement action.
 ``

    (9) In this subsection:
 ``
        (A) The term `appropriate authorizing official' means the 
 following:
 ``
            (i) In the case of officers and agents of U.S. 
 Immigration and Customs Enforcement, one of the 
 following officials:
 ``
            (I) The Assistant Director of Operations, 
 Homeland Security Investigations.
 ``
            (II) The Executive Associate Director of 
 Homeland Security Investigations.
 ``
            (III) The Assistant Director for Field 
 Operations, Enforcement, and Removal 
 Operations.
 ``
            (IV) The Executive Associate Director for 
 Field Operations, Enforcement, and Removal 
 Operations.
 ``
            (V) Any other individual who is 
 determined to be an appropriate authorizing 
 official by the Secretary of Homeland Security.
 ``
            (ii) In the case of officers and agents of U.S. 
 Customs and Border Protection, one of the following 
 officials:
 ``
            (I) A Chief Patrol Agent.
 ``
            (II) The Director of Field Operations.
 ``
            (III) The Director of Air and Marine 
 Operations.
 ``
            (IV) The Internal Affairs Special Agent 
 in Charge.
 ``
            (V) Any other individual who is 
 determined to be an appropriate authorizing 
 official by the Secretary of Homeland Security.
 ``
            (iii) In the case of all other individuals 
 referred to in subparagraph
        (A) or
        (B) of paragraph

    (1) , an official determined under rules promulgated by 
 the Secretary of Homeland Security not later than 90 
 days after the date of the enactment of this 
 subsection.
 ``
        (B) The term `appropriate committees of Congress' means--
 ``
            (i) the Committee on Homeland Security and 
 Governmental Affairs of the Senate;
 ``
            (ii) the Committee on the Judiciary of the 
 Senate;
 ``
            (iii) the Committee on Appropriations of the 
 Senate;
 ``
            (iv) the Committee on Homeland Security of the 
 House of Representatives;
 ``
            (v) the Committee on the Judiciary of the House 
 of Representatives; and
 ``
            (vi) the Committee on Appropriations of the House 
 of Representatives.
 ``
            (C) The term `early childhood education program' has the 
 meaning given the term in 

section 103 of the Higher Education 
 Act of 1965 (20 U.S.C. 1003).
 ``
            (D) The term `enforcement action' means an apprehension, 
 arrest, interview, request for identification, search, or 
 surveillance for the purposes of immigration enforcement, and 
 includes an enforcement action at, or focused on, a sensitive 
 location that is part of a joint case led by another law 
 enforcement agency.
 ``
        (E) The term `exigent circumstances' means a situation 
 involving any of the following:
 ``
            (i) The imminent risk of death, violence, or 
 physical harm to any person, including a situation 
 implicating terrorism or the national security of the 
 United States in some other manner.
 ``
            (ii) The immediate arrest or hot pursuit of an 
 individual presenting an imminent danger to public 
 safety, including the imminent risk of death, violence, 
 or physical harm to a person.
 ``
            (iii) A rare, premeditated arrest operation 
 described in paragraph

    (3)
            (D) , undertaken with the 
 prior written approval of an appropriate authorizing 
 official, involving the targeted arrest of a terrorist 
 suspect, an individual who poses a clear threat to 
 national security, or an individual who poses an 
 extraordinary danger to public safety.
 ``
            (iv) A direct threat to national security.
 ``
            (v) The imminent risk of destruction of evidence 
 that is material to an ongoing criminal case.
 ``
        (F) The term `sensitive location' includes all of the 
 physical space located within 1,000 feet of the following:
 ``
            (i) Any medical or mental healthcare facility, 
 including any hospital, health care practitioner's 
 office, accredited health clinic, vaccination or 
 testing site, or emergent or urgent care facility, or 
 community health center.
 ``
            (ii) Public and private schools (including 
 preschools, primary schools, secondary schools, and 
 postsecondary schools (including colleges and 
 universities)), sites of early childhood education 
 programs, other institutions of learning, such as 
 vocational or trade schools, and other sites where 
 individuals who are unemployed or underemployed may 
 apply for or receive workforce training.
 ``
            (iii) Any scholastic or education-related 
 activity or event, including field trips and 
 interscholastic events.
 ``
            (iv) Any school bus or school bus stop during 
 periods when school children are present on the bus or 
 at the stop.
 ``
            (v) Any recreational facility for children such 
 as playgrounds and formal recreational facilities.
 ``
            (vi) Any child care focused facilities including 
 child care centers, before or after school care 
 centers, foster care facilities, and group homes for 
 children.
 ``
            (v) Locations where disaster or emergency 
 response and relief is being provided by Federal, 
 State, or local entities, such as the distribution of 
 emergency supplies, food, and water; places of 
 temporary shelter; along evacuation routes; and sites 
 where registration for disaster-related assistance or 
 family reunification is underway.
 ``
            (vi) Locations of any organization that--
 ``
            (I) assists children, pregnant women, 
 victims of crime or abuse, or individuals with 
 significant mental or physical disabilities, 
 including domestic violence shelters, child 
 advocacy centers, facilities that serve 
 disabled persons, drug or alcohol counseling 
 and treatment facilities, rape crisis centers, 
 supervised visitation centers, family justice 
 centers, victims' services providers, and 
 community-based organizations providing social 
 services; or
 ``
            (II) provides disaster or emergency 
 social services and assistance, or services for 
 individuals experiencing homelessness, 
 including food banks, pantries, or other 
 establishments distributing food, and shelters.
 ``
            (vii) Churches, synagogues, mosques, and other 
 places of worship or religious study, such as buildings 
 rented for the purpose of religious services, or a 
 temporary facility or location where such activities 
 are taking place.
 ``
            (viii) Sites of funerals, graveside ceremonies, 
 weddings, or sites where other religious or civil 
 ceremonies or observances occur.
 ``
            (ix) Sites during the occurrence of a public 
 demonstration, such as a march, rally, or parade.
 ``
            (x) Any Federal, State, or local courthouse, 
 including the office of an individual's legal counsel 
 or representative, and a probation office.
 ``
            (xi) Congressional district offices.
 ``
            (xii) Social Security offices.
 ``
            (xiii) Public assistance offices, including 
 locations where individuals may apply for or receive 
 unemployment compensation or report violations of labor 
 and employment laws.
 ``
            (xiv) Indoor and outdoor premises of departments 
 of motor vehicles.
 ``
            (xv) A polling place, which includes any building 
 or infrastructure where voting takes place during an 
 election.
 ``
            (xvi) A labor union hall or any other union-
 operated building or office where registered applicants 
 are referred in rotation to jobs.
 ``
            (xvii) Any public library.
 ``
            (xviii) Such other locations as the Secretary of 
 Homeland Security shall specify for purposes of this 
 subsection.
 ``
        (G) The term `supervisor' means an official determined 
 under rules promulgated by the Secretary of Homeland Security 
 not later than 90 days after the date of the enactment of this 
 subsection.''.

    (b) Effective Date.--The amendment made by subsection

    (a) shall 
take effect 90 days after the date of the enactment of this Act.
            (c) Regulations.--Not later than 90 days after the date of the 
enactment of this Act, the Secretary of Homeland Security shall 
promulgate regulations to carry out the amendment made by subsection

    (a) .
 <all>