119-hr5603

[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5603 Introduced in House

    (IH) ]

<DOC>

119th CONGRESS
 1st Session
 H. R. 5603

To limit the authority immigration officers have at protected emergency 
 response locations.

_______________________________________________________________________

 IN THE HOUSE OF REPRESENTATIVES

 September 26, 2025

Ms. Randall (for herself, Ms. Garcia of Texas, Ms. Norton, Ms. Kelly of 
 Illinois, Ms. DelBene, Mr. Cisneros, Ms. Tlaib, Mr. Huffman, Ms. 
 Lofgren, and Mr. Garcia of California) introduced the following bill; 
 which was referred to the Committee on the Judiciary

_______________________________________________________________________

 A BILL

To limit the authority immigration officers have at protected emergency 
 response locations.

 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 ``Emergency Responder Protection 
Act''.

SEC. 2. POWERS OF IMMIGRATION OFFICERS AND EMPLOYEES AT PROTECTED 
 EMERGENCY RESPONSE 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)
        (A) An enforcement action may not take place at, be focused 
on, or occur within, 1,000 feet of a protected emergency response 
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

    (2) 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.
 ``

    (2) 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) .
 ``

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

    (2) 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 
 protected emergency response 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 protected 
 emergency response location, individuals referred to in 
 subparagraphs
        (A) and
        (B) of paragraph

    (2) are led to 
 or near a protected emergency response location, and no 
 clear exigent circumstance with respect to the 
 protected emergency response 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

    (1)
            (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 protected emergency response location by 
 any individual referred to in subparagraph
        (A) or
        (B) of 
 paragraph

    (2) , 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 protected emergency 
 response 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 premeditated arrest at 
 this protected emergency response 
 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 may, at 
 any time, request, and the Secretary of Homeland 
 Security shall provide, 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 protected emergency response 
 location.
 ``
            (ii) The number of enforcement actions 
 where officers or agents were subsequently led 
 to or near a protected emergency response 
 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 protected emergency response 
 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 
 protected emergency response location.
 ``
            (ii) 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.
 ``
            (iii) The reported agency responsible for 
 each such enforcement action.
 ``
            (iv) A description of the intended target 
 of each such enforcement action.
 ``
            (v) The reported number of individuals, 
 if any, arrested or taken into custody through 
 each such enforcement action.
 ``
            (vi) The reported number of collateral 
 arrests, if any, from each such enforcement 
 action and the reasons for each such arrest.
 ``
            (vii) 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 `active natural disaster' includes--
 ``
            (i) floods, storms, wildfires, 
 hurricanes, earthquakes, landslides, drought, 
 volcanic eruptions, and tornadoes; and
 ``
            (ii) man-made disasters, such as oil 
 spills and chemical spills.
 ``
        (B) 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

    (2) , 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.
 ``
            (C) 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 Energy and Natural 
 Resources of the Senate;
 ``
            (v) the Committee on Homeland Security of 
 the House of Representatives;
 ``
            (vi) the Committee on the Judiciary of 
 the House of Representatives;
 ``
            (vii) the Committee on Natural Resources 
 of the House of Representatives;
 ``
            (viii) the Committee on Transportation 
 and Infrastructure of the House of 
 Representatives; and
 ``
            (ix) the Committee on Appropriations of 
 the House of Representatives.
 ``
            (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 protected 
 emergency response 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) The imminent risk of destruction of 
 evidence that is material to an ongoing 
 criminal case.
 ``
        (F) The term `protected emergency response 
 location' includes all of the physical space located 
 within 1,000 feet of the following:
 ``
            (i) Locations where active natural 
 disaster, human-caused events, emergency 
 declarations are in effect, or emergency 
 response and relief is being provided, 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 under way.
 ``
            (ii) Locations of any organization that 
 provides disaster or emergency social services 
 and assistance.
 ``
        (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) Rule Making.--Not later than 90 days after the date of the 
enactment of this Act, the Secretary of Homeland Security shall issue 
rules to carry out the amendment made by subsection

    (a) .
 <all>