119-s455

[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[S. 455 Introduced in Senate

    (IS) ]

<DOC>

119th CONGRESS
 1st Session
 S. 455

 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 SENATE OF THE UNITED STATES

 February 6 (legislative day, February 5), 2025

Mr. Blumenthal (for himself, Mr. Durbin, Mr. Booker, Ms. Cortez Masto, 
 Mr. Schiff, Mrs. Murray, Mr. Padilla, Ms. Warren, Mr. Wyden, Mr. 
Heinrich, Mr. Hickenlooper, Ms. Rosen, Ms. Duckworth, Mr. Sanders, Ms. 
Hirono, Mr. Markey, Mr. Schatz, Mr. Welch, Mr. Warnock, Mr. Bennet, Mr. 
 Whitehouse, and Ms. Smith) introduced the following bill; which was 
 read twice and 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 a written agreement described 
 in subsection

    (g) .
 ``

    (2)
        (A) An enforcement action may not take place, be focused on a 
location, 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--
 ``
            (i) shall cease the enforcement action immediately;
 ``
            (ii) shall consult with his or her supervisor in real 
 time regarding the existence of exigent circumstances; and
 ``
            (iii) may 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 subparagraph
        (A) or
        (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 subparagraph
        (A) or
        (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 such enforcement action, which shall contain--
 ``
            (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 premeditated 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; and
 ``
            (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 successfully receive a confidential or redacted copy of any 
of the individual reports described in subparagraph
        (A) .
 ``

    (7)
        (A) The Director of U.S. Immigration and Customs Enforcement 
and the Commissioner for U.S. Customs and Border Protection shall each 
submit an annual report to the appropriate committees of Congress that 
describes the enforcement actions undertaken by U.S. Immigration and 
Customs Enforcement or U.S. Customs and Border Protection, as 
applicable, during the preceding fiscal year that were covered by this 
subsection.
 ``
        (B) Each report submitted pursuant to subparagraph
        (A) shall 
include--
 ``
            (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; 
 and
 ``
            (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 an annual report to the appropriate 
committees of Congress regarding 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 submitted pursuant to subparagraph
        (A) shall 
include--
 ``
            (i) the number of complaints of enforcement actions 
 reported at, or focused on, a sensitive location;
 ``
            (ii) the reported date, site, State, and local political 
 subdivision (such as city, town, or county) in which each 
 enforcement action referred to in 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; and
 ``
            (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 `appropriate authorizing official' means--
 ``
            (i) in the case of officers and agents of U.S. 
 Immigration and Customs Enforcement--
 ``
            (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; or
 ``
            (V) any other individual who is 
 determined to be an appropriate authorizing 
 official by the Secretary of Homeland Security; 
 and
 ``
            (ii) in the case of officers and agents of U.S. 
 Customs and Border Protection--
 ``
            (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; or
 ``
            (V) any other individual who is 
 determined to be an appropriate authorizing 
 official by the Secretary of Homeland Security; 
 and
 ``
            (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 the Protecting 
 Sensitive Locations Act.
 ``
        (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 such term in 

section 103

    (8) of the Higher 
 Education Act of 1965 (20 U.S.C. 1003

    (8) ).
 ``
            (D) The term `enforcement action'--
 ``
            (i) means an apprehension, arrest, interview, 
 request for identification, search, or surveillance for 
 the purposes of immigration enforcement; and
 ``
            (ii) 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--
 ``
            (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; or
 ``
            (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--
 ``
            (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) any public or private school (including 
 preschools, primary schools, secondary schools, and 
 postsecondary schools (including colleges and 
 universities)), any site of an early childhood 
 education program, any other institution of learning, 
 such as vocational or trade schools, and any other site 
 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 facility, including 
 child care centers, before or after school care 
 centers, foster care facilities, and group homes for 
 children;
 ``
            (vii) any location 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; any place of 
 temporary shelter; any place along an evacuation route; 
 and any site where registration for disaster-related 
 assistance or family reunification is taking place;
 ``
            (viii) any location 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;
 ``
            (ix) any church, synagogue, mosque, or other 
 place 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;
 ``
            (x) any sites of a funeral, graveside ceremony, 
 wedding, or any site where other religious or civil 
 ceremonies or observances are occurring;
 ``
            (xi) any site during the occurrence of a public 
 demonstration, such as a march, rally, or parade;
 ``
            (xii) any Federal, State, or local courthouse, 
 including the office of an individual's legal counsel 
 or representative, and a probation office;
 ``
            (xiii) any congressional district office;
 ``
            (xiv) any Social Security office;
 ``
            (xv) any public assistance offices, including 
 locations where individuals may apply for or receive 
 unemployment compensation or report violations of labor 
 and employment laws;
 ``
            (xvi) the indoor or outdoor premises of a 
 department of motor vehicles;
 ``
            (xvii) a polling place, including any building or 
 infrastructure where voting takes place during an 
 election;
 ``
            (xviii) a labor union hall or any other union-
 operated building or office where registered applicants 
 are referred in rotation to jobs;
 ``
            (xix) any public library; or
 ``
            (xx) any other locations specified by the 
 Secretary of Homeland Security for purposes of this 
 subsection.
 ``
        (G) The term `supervisor' means an official determined 
 under rules promulgated by the Secretary of Homeland Security 
 pursuant to 

section 2
            (c) of the Protecting Sensitive Locations 
 Act.''.

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

    (a) shall 
take effect on the date that is 90 days after the date of the enactment 
of this Act.
            (c) Rulemaking.--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>