[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[S. 2097 Introduced in Senate (IS)]
<DOC>
116th CONGRESS
1st Session
S. 2097
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 such locations, and for other
purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
July 11, 2019
Mr. Blumenthal (for himself, Ms. Hirono, Ms. Harris, Mr. Markey, Mr.
Wyden, Ms. Duckworth, Mr. Schatz, Ms. Klobuchar, Mrs. Murray, Ms.
Warren, Mr. Kaine, Mr. Murphy, Mr. Merkley, Mrs. Gillibrand, Ms. Cortez
Masto, and Mr. Bennet) 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 such 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.
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 Appropriations of the
Senate;
``(ii) the Committee on Homeland Security and
Governmental Affairs of the Senate;
``(iii) the Committee on the Judiciary of the
Senate;
``(iv) the Committee on Appropriations of the House
of Representatives;
``(v) the Committee on Homeland Security of the
House of Representatives; and
``(vi) the Committee on the Judiciary of the House
of Representatives.
``(B) The term `early childhood education program' has the
meaning given the term under section 103 of the Higher
Education Act of 1965 (20 U.S.C. 1003).
``(C) 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.
``(D) 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.
``(E) 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.
``(F) 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, health care
practitioner's office, accredited health clinic,
alcohol or drug treatment center, 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
program facility, sites of after school programs, other
institutions of learning (including vocational or trade
schools), or other site at which 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) a location at which emergency service
providers distribute food or provide shelter;
``(vi) any organization that--
``(I) assists children, pregnant women,
victims of crime or abuse, or individuals with
significant mental or physical disabilities; or
``(II) provides--
``(aa) disaster or emergency social
services and assistance; or
``(bb) services for individuals
experiencing homelessness, including
food banks and shelters;
``(vii) any church, synagogue, mosque, or other
place of worship, including buildings rented for the
purpose of religious services, retreats, counseling,
workshops, instruction, and education;
``(viii) 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;
``(ix) the site of a funeral, wedding, or other
religious ceremony or observance;
``(x) any public demonstration, such as a march,
rally, or parade;
``(xi) any domestic violence shelter, rape crisis
center, supervised visitation center, family justice
center, or victim services provider;
``(xii) any congressional district office;
``(xiii) any public assistance office, including
Federal, State, and municipal locations at which
individuals may apply for or receive unemployment
compensation or report violations of labor and
employment laws;
``(xiv) any office of the Social Security
Administration;
``(xv) any indoor or outdoor premises of a State
Department of Motor Vehicles;
``(xvi) any public library; or
``(xvii) 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; or
``(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 as discreetly as possible,
consistent with officer and public safety.
``(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 and the names
of the agents involved in the enforcement action;
``(IV) whether the enforcement action took place
with prior approval or if the enforcement action was
the result of exigent circumstances, and--
``(aa) if prior approval was granted,
documentation confirming conditions of
approval; or
``(bb) if under exigent circumstances, a
description of those circumstances;
``(V) a description of the enforcement action,
including the nature of the criminal activity of its
intended target;
``(VI) the number of individuals, if any, arrested
or taken into custody;
``(VII) the number of collateral arrests, if any,
and the reasons for each such arrest;
``(VIII) a certification whether the location
administrator was contacted before, during, or after
the enforcement action; and
``(IX) 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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