[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[S. 2180 Introduced in Senate (IS)]

<DOC>






116th CONGRESS
  1st Session
                                S. 2180

  To provide oversight of the border zone in which Federal agents may 
conduct vehicle checkpoints and stops and enter private land without a 
              warrant, and to make technical corrections.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             July 18, 2019

Mr. Leahy (for himself and Mrs. Murray) introduced the following bill; 
  which was read twice and referred to the Committee on the Judiciary

_______________________________________________________________________

                                 A BILL


 
  To provide oversight of the border zone in which Federal agents may 
conduct vehicle checkpoints and stops and enter private land without a 
              warrant, and to make technical corrections.

    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 ``Border Zone Reasonableness 
Restoration Act of 2019''.

SEC. 2. OVERSIGHT OF POWER TO ENTER PRIVATE LAND AND STOP VEHICLES 
              WITHOUT A WARRANT.

    (a) In General.--Section 287(a) of the Immigration and Nationality 
Act (8 U.S.C. 1357(a)) is amended--
            (1) in paragraph (5), by redesignating subparagraphs (A) 
        and (B) as clauses (i) and (ii), respectively;
            (2) by redesignating paragraphs (1) through (3) as 
        subparagraphs (A) through (C), respectively;
            (3) by redesignating paragraphs (4) and (5) as 
        subparagraphs (E) and (F), respectively;
            (4) in the matter preceding subparagraph (A), as 
        redesignated--
                    (A) by inserting ``(1)'' before ``Any officer'';
                    (B) by striking ``Service'' and inserting 
                ``Department of Homeland Security'';
                    (C) by striking ``Attorney General'' and inserting 
                ``Secretary of Homeland Security''; and
                    (D) by inserting ``, to the extent permitted by the 
                Fourth Amendment to the Constitution of the United 
                States'' after ``warrant'';
            (5) in paragraph (1), as redesignated, by striking 
        subparagraph (C), as redesignated, and inserting the following:
            ``(C) within a distance of 25 miles from any external 
        boundary of the United States, or such distance as may be 
        prescribed by the Secretary pursuant to paragraph (2), to board 
        and search for aliens any vessel within the territorial waters 
        of the United States and any railway car, aircraft, conveyance, 
        or vehicle for the purpose of patrolling the border to prevent 
        the illegal entry of aliens into the United States, provided 
        that--
                    ``(i) no vehicle may be stopped at a permanent or 
                temporary checkpoint under this subparagraph beyond a 
                distance of 10 miles from any such external boundary 
                without reasonable suspicion that an individual in such 
                vehicle is inadmissible or otherwise not entitled to 
                enter or remain in the United States; and
                    ``(ii) checkpoint enforcement operations may not 
                use race, ethnicity, gender, national origin, religion, 
                sex (including sexual orientation and gender identity) 
                to any degree, except for reliance on the listed 
                characteristics in a specific suspect description;
            ``(D) within a distance of 10 miles from any such external 
        boundary, or such distance as may be prescribed by the 
        Secretary pursuant to paragraph (2), to have access to private 
        lands, but not dwellings, for the purpose of patrolling the 
        border to prevent the illegal entry of aliens into the United 
        States;''; and
            (6) by inserting after the flush text following 
        subparagraph (F), as redesignated, the following:
    ``(2)(A)(i) The Secretary of Homeland Security may establish for a 
sector or district a distance less than or greater than 25 miles, but 
in no case greater than 100 miles, as the maximum distance from an 
external boundary of the United States in which the authority described 
in paragraph (1)(C) may be exercised, if the Secretary certifies that 
such a distance is necessary for the purpose of patrolling the border 
to prevent the illegal entry of aliens into the United States, and 
justified by the considerations listed in subparagraph (B).
    ``(ii) The Secretary of Homeland Security may establish for a 
sector or district a distance less than or greater than 10 miles, but 
in no case greater than 25 miles, as the maximum distance from an 
external boundary of the United States in which the authority described 
in paragraph (1)(D) may be exercised, if the Secretary certifies that 
such a distance is necessary for the purpose of patrolling the border 
to prevent the illegal entry of aliens into the United States, and 
justified by the considerations listed in subparagraph (B).
    ``(B) In making the certifications described in subparagraph (A), 
the Secretary shall consider, as appropriate, land topography, 
confluence of arteries of transportation leading from external 
boundaries, density of population, possible inconvenience to the 
traveling public, types of conveyances used, reliable information as to 
movements of persons effecting illegal entry into the United States, 
effects on private property and quality of life for relevant 
communities and residents, consultations with affected State, local, 
and tribal governments, including the governor of any relevant State, 
and other factors that the Secretary considers appropriate.
    ``(C) A certification made under subparagraph (A) shall be valid 
for a period of 5 years and may be renewed for additional 5-year 
periods. If the Secretary finds at any time that circumstances no 
longer justify a certification, the Secretary shall terminate the 
certification.
    ``(D)(i) Any person with an interest that is, or may be, adversely 
affected by the maximum distance limitations established pursuant to 
subparagraph (A) may commence a civil action, in the appropriate 
district court of the United States, against the Secretary of Homeland 
Security, asserting that a certification under such subparagraph is not 
based on reasonable grounds or otherwise fails to meet the requirements 
under such subparagraph.
    ``(ii) The court may enter a judgment or decree against the United 
States arising from a civil action commenced under clause (i).
    ``(iii) Nothing in this subsection may be construed to restrict any 
right which any person (or class of persons) may have under any statute 
or under the common law.
    ``(E) The Secretary shall submit an annual report to the Committee 
on the Judiciary of the Senate, the Committee on Homeland Security and 
Governmental Affairs of the Senate, the Committee on the Judiciary of 
the House of Representatives, and the Committee on Homeland Security of 
the House of Representatives that identifies--
            ``(i) the number of certifications made under subparagraph 
        (A);
            ``(ii) for each such certification, the sector or district 
        and reasonable distance prescribed, the period of time the 
        certification has been in effect, and the factors justifying 
        the certification; and
            ``(iii) for permanent and temporary checkpoints--
                    ``(I) the location and duration of each checkpoint;
                    ``(II) an assessment of each checkpoint's impacts 
                on local communities, including--
                            ``(aa) how the checkpoint minimizes 
                        interference with legitimate traffic and areas 
                        of population density;
                            ``(bb) what outreach has taken place with 
                        stakeholders; and
                            ``(cc) which law enforcement agencies other 
                        than U.S. Customs and Border Protection have 
                        participated in checkpoint operations;
                    ``(III) arrest and apprehension statistics, broken 
                down by charge;
                    ``(IV) the number of secondary referrals, including 
                average, median and maximum durations and aggregate 
                data, broken down by reasons for referral;
                    ``(V) a summary of canine activity at each 
                checkpoint, including--
                            ``(aa) the quantities of drugs detected;
                            ``(bb) the number of persons detected, 
                        including how many of those were arrested;
                            ``(cc) the percentage of nonproductive 
                        alerts; and
                            ``(dd) an explanation of current training 
                        and certification protocols; and
                    ``(VI) until the recommendations are closed, a 
                status update on the implementation of the Government 
                Accountability Office's 2009 recommendations regarding 
                checkpoints.
    ``(F) All personally identifiable information about specific 
individuals shall be redacted from each report required under 
subparagraph (E), except that aggregate nationality and perceived race 
data shall be reported for checkpoint secondary referrals and arrests 
described in subclause (III) and (IV) of subparagraph (E)(iii).
    ``(G) Each report submitted under subparagraph (E) shall be made 
available to the public, except for specifically identified data if the 
Secretary--
            ``(i) explicitly invokes an exemption under paragraphs (1) 
        through (9) of section 552(b) of title 5, United States Code, 
        with respect to such data; and
            ``(ii) provides a written explanation for the exemption's 
        applicability.''.
    (b) Technical and Conforming Amendments.--
            (1) Authorities without a warrant.--Section 287(a) of the 
        Immigration and Nationality Act (8 U.S.C. 1357(a)), the 
        undesignated matter following paragraph (2), as added by 
        subsection (a)(5), is amended--
                    (A) by inserting ``(3)'' before ``Under 
                regulations'';
                    (B) by striking ``paragraph (5)(B)'' both places 
                that term appears and inserting ``subparagraph 
                (F)(ii)'';
                    (C) by striking ``(i)'' and inserting ``(A)'';
                    (D) by striking ``(ii) establish'' and inserting 
                ``(B) establish'';
                    (E) by striking ``(iii) require'' and inserting 
                ``(C) require''; and
                    (F) by striking ``clause (ii), and (iv)'' and 
                inserting ``subparagraph (B), and (D)''.
            (2) Conforming amendment.--Section 287(e) of such Act (8 
        U.S.C. 1357(e)) is amended by striking ``paragraph (3) of 
        subsection (a),'' and inserting ``subsection (a)(1)(D),''.
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