[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[S. 845 Introduced in Senate (IS)]

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115th CONGRESS
  1st Session
                                 S. 845

   To protect sensitive community locations from harmful immigration 
              enforcement action, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                April 5 (legislative day, April 4), 2017

 Mr. Blumenthal (for himself, Ms. Hirono, Mr. Franken, Mr. Kaine, Mr. 
   Merkley, Mrs. Gillibrand, Ms. Harris, Mr. Markey, Mr. Booker, Ms. 
 Warren, and Mr. Wyden) introduced the following bill; which was read 
          twice and referred to the Committee on the Judiciary

_______________________________________________________________________

                                 A BILL


 
   To protect sensitive community locations from harmful immigration 
              enforcement action, 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.

    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 this subsection:
            ``(A) 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 Homeland Security of the 
                House of Representatives; and
                    ``(iv) the Committee on the Judiciary of the House 
                of Representatives.
            ``(B) 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.
            ``(C) The term `exigent circumstances' means a situation 
        involving--
                    ``(i) the imminent risk of death, violence, or 
                physical harm to any person or property, including a 
                situation implicating terrorism or the national 
                security of the United States;
                    ``(ii) the immediate arrest or pursuit of a 
                dangerous felon, terrorist suspect, or other individual 
                presenting an imminent danger; or
                    ``(iii) the imminent risk of destruction of 
                evidence that is material to an ongoing criminal case.
            ``(D) The term `prior approval' means--
                    ``(i) in the case of officers and agents of U.S. 
                Immigration and Customs Enforcement, prior written 
                approval to carry out an enforcement action involving a 
                specific individual or individuals authorized by--
                            ``(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; 
                        or
                            ``(IV) the Executive Associate Director for 
                        Field Operations, Enforcement and Removal 
                        Operations;
                    ``(ii) in the case of officers and agents of U.S. 
                Customs and Border Protection, prior written approval 
                to carry out an enforcement action involving a specific 
                individual or individuals authorized by--
                            ``(I) a Chief Patrol Agent;
                            ``(II) the Director of Field Operations;
                            ``(III) the Director of Air and Marine 
                        Operations; or
                            ``(IV) the Internal Affairs Special Agent 
                        in Charge; and
                    ``(iii) in the case of other Federal, State, or 
                local law enforcement officers, to carry out an 
                enforcement action involving a specific individual or 
                individuals authorized by--
                            ``(I) the head of the Federal agency 
                        carrying out the enforcement action; or
                            ``(II) the head of the State or local law 
                        enforcement agency carrying out the enforcement 
                        action.
            ``(E) The term `sensitive location' includes all of the 
        physical space located within 1,000 feet of--
                    ``(i) any medical treatment or health care 
                facility, including any hospital, doctor's office, 
                accredited health clinic, alcohol or drug treatment 
                center, or emergent or urgent care facility;
                    ``(ii) any public or private school, including any 
                known and licensed day care facility, preschool, other 
                early learning program facility, primary school, 
                secondary school, postsecondary school (including 
                colleges and universities), or other institution of 
                learning (including vocational or trade schools);
                    ``(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 organization that--
                            ``(I) assists children, pregnant women, 
                        victims of crime or abuse, or individuals with 
                        significant mental or physical disabilities; or
                            ``(II) provides disaster or emergency 
                        social services and assistance;
                    ``(vi) any church, synagogue, mosque, or other 
                place of worship, including buildings rented for the 
                purpose of religious services, retreats, counseling, 
                workshops, instruction, and education;
                    ``(vii) any Federal, State, or local courthouse, 
                including the office of an individual's legal counsel 
                or representative, and a probation, parole, or 
                supervised release office;
                    ``(viii) the site of a funeral, wedding, or other 
                religious ceremony or observance;
                    ``(ix) any public demonstration, such as a march, 
                rally, or parade;
                    ``(x) any domestic violence shelter, rape crisis 
                center, supervised visitation center, family justice 
                center, or victim services provider; or
                    ``(xi) any other location specified by the 
                Secretary of Homeland Security for purposes of this 
                subsection.
    ``(2)(A) An enforcement action may not take place at, or be focused 
on, a sensitive location unless--
            ``(i) the action involves exigent circumstances; and
            ``(ii) prior approval for the enforcement action was 
        obtained from the appropriate official.
    ``(B) If an enforcement action is initiated pursuant to 
subparagraph (A) and the exigent circumstances permitting the 
enforcement action cease, the enforcement action shall be discontinued 
until such exigent circumstances reemerge.
    ``(C) If an enforcement action is carried out in violation of this 
subsection--
            ``(i) 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
            ``(ii) the alien who is the subject of such removal 
        proceeding may file a motion for the immediate termination of 
        the removal proceeding.
    ``(3)(A) This subsection shall apply to any enforcement action by 
officers or agents of the Department of Homeland Security, including--
            ``(i) officers or agents of U.S. Immigration and Customs 
        Enforcement;
            ``(ii) officers or agents of U.S. Customs and Border 
        Protection; and
            ``(iii) any individual designated to perform immigration 
        enforcement functions pursuant to subsection (g).
    ``(B) While carrying out an enforcement action at a sensitive 
location, officers and agents referred to in subparagraph (A) shall 
make every effort--
            ``(i) to limit the time spent at the sensitive location;
            ``(ii) to limit the enforcement action at the sensitive 
        location to the person or persons for whom prior approval was 
        obtained; and
            ``(iii) to conduct themselves discreetly.
    ``(C) If, while carrying out an enforcement action that is not 
initiated at or focused on a sensitive location, officers or agents are 
led to a sensitive location, and no exigent circumstance and prior 
approval with respect to the sensitive location exists, such officers 
or agents shall--
            ``(i) cease before taking any further enforcement action;
            ``(ii) conduct themselves in a discreet manner;
            ``(iii) maintain surveillance; and
            ``(iv) immediately consult their supervisor in order to 
        determine whether such enforcement action should be 
        discontinued.
    ``(D) The limitations under this paragraph 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 medical care to such individual.
    ``(4)(A) Each official specified in subparagraph (B) shall ensure 
that the employees under his or her supervision receive annual training 
on compliance with--
            ``(i) the requirements under this subsection in enforcement 
        actions at or focused on sensitive locations and enforcement 
        actions that lead officers or agents to a sensitive location; 
        and
            ``(ii) the requirements under section 239 of this Act 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--
            ``(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; and
            ``(viii) the chief law enforcement officer of each State or 
        local law enforcement agency that enters into a written 
        agreement with the Department of Homeland Security pursuant to 
        subsection (g).
    ``(5) The Secretary of Homeland Security shall modify the Notice to 
Appear form (I-862)--
            ``(A) to provide the subjects of an enforcement action with 
        information, written in plain language, summarizing the 
        restrictions against enforcement actions at sensitive locations 
        set forth in this subsection and the remedies available to the 
        alien if such action violates such restrictions;
            ``(B) so that the information described in subparagraph (A) 
        is accessible to individuals with limited English proficiency; 
        and
            ``(C) so that subjects of an enforcement action are not 
        permitted to verify that the officers or agents that carried 
        out such action complied with the restrictions set forth in 
        this subsection.
    ``(6)(A) The Director of U.S. Immigration and Customs Enforcement 
and the Commissioner of U.S. Customs and Border Protection shall each 
submit an annual report to the appropriate committees of Congress that 
includes the information set forth in subparagraph (B) with respect to 
the respective agency.
    ``(B) Each report submitted under subparagraph (A) shall include, 
with respect to the submitting agency during the reporting period--
            ``(i) the number of enforcement actions that were carried 
        out at, or focused on, a sensitive location;
            ``(ii) the number of enforcement actions in which officers 
        or agents were subsequently led to a sensitive location; and
            ``(iii) for each enforcement action described in clause (i) 
        or (ii)--
                    ``(I) the date on which it occurred;
                    ``(II) the specific site, city, county, and State 
                in which it occurred;
                    ``(III) the components of the agency involved in 
                the enforcement action;
                    ``(IV) a description of the enforcement action, 
                including the nature of the criminal activity of its 
                intended target;
                    ``(V) the number of individuals, if any, arrested 
                or taken into custody;
                    ``(VI) the number of collateral arrests, if any, 
                and the reasons for each such arrest;
                    ``(VII) a certification whether the location 
                administrator was contacted before, during, or after 
                the enforcement action; and
                    ``(VIII) the percentage of all of the staff members 
                and supervisors reporting to the officials listed in 
                paragraph (4)(B) who completed the training required 
                under paragraph (4)(A).
    ``(7) Nothing in the subsection may be construed--
            ``(A) to affect the authority of Federal, State, or local 
        law enforcement agencies--
                    ``(i) to enforce generally applicable Federal or 
                State criminal laws unrelated to immigration; or
                    ``(ii) to protect residents from imminent threats 
                to public safety; or
            ``(B) to limit or override the protections provided in--
                    ``(i) section 239; or
                    ``(ii) section 384 of the Illegal Immigration 
                Reform and Immigrant Responsibility Act of 1996 (8 
                U.S.C. 1367).''.
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