[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5166 Introduced in House (IH)]

<DOC>






118th CONGRESS
  1st Session
                                H. R. 5166

 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 HOUSE OF REPRESENTATIVES

                             August 8, 2023

  Mr. Espaillat (for himself, Ms. Garcia of Texas, Ms. Bonamici, Mr. 
Garcia of Illinois, Ms. Jayapal, Mr. Beyer, Mrs. Ramirez, Mr. McGovern, 
  Mr. Doggett, Ms. Clarke of New York, Ms. Velazquez, Mr. Pocan, Ms. 
Schakowsky, and Ms. Crockett) introduced the following bill; which was 
               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 subsection (g).
    ``(2)(A) An enforcement action may not take place at, be focused 
on, 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 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.
    ``(3)(A) When proceeding with an enforcement action at or near a 
sensitive location, individuals referred to in subparagraphs (A) and 
(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 subparagraphs (A) and (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 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 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 premediated 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.
            ``(ix) A certification of whether a supervisor was 
        contacted prior to, during, or after each such enforcement 
        action.
    ``(B) An appropriate committee of Congress shall, at any time, be 
able to request and successfully receive 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 
        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.
            ``(viii) A certification of whether the location 
        administrator was contacted prior to, during, or after each 
        such enforcement action.
    ``(8) In this subsection:
            ``(A) 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 
                (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 this 
                subsection.
            ``(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 the term in section 103 of the Higher Education 
        Act of 1965 (20 U.S.C. 1003).
            ``(D) The term `enforcement action' means an arrest, 
        interview, search, or surveillance for the purposes of 
        immigration enforcement, and 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 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) A direct threat to national security.
                    ``(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 the following:
                    ``(i) Any medical treatment or health care 
                facility, including any hospital, doctor's office, 
                accredited health clinic, or 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 
                programs, other institutions of learning, such as 
                vocational or trade schools, and other sites 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) Locations where emergency services providers 
                provide shelter or food.
                    ``(vi) Locations 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, rape 
                        crisis centers, supervised visitation centers, 
                        family justice centers, and victims services 
                        providers; or
                            ``(II) provides disaster or emergency 
                        social services and assistance, or services for 
                        individuals experiencing homelessness, 
                        including food banks and shelters.
                    ``(vii) Churches, synagogues, mosques, and other 
                places of worship, such as buildings rented for the 
                purpose of religious services.
                    ``(viii) Sites of funerals, weddings, or other 
                public religious ceremonies.
                    ``(ix) Sites during the occurrence of a public 
                demonstration, such as a march, rally, or parade.
                    ``(x) Any Federal, State, or local courthouse, 
                including the office of an individual's legal counsel 
                or representative, and a probation office.
                    ``(xi) Congressional district offices.
                    ``(xii) Social Security offices.
                    ``(xiii) Public assistance offices, including 
                locations where individuals may apply for or receive 
                unemployment compensation or report violations of labor 
                and employment laws.
                    ``(xiv) Indoor and outdoor premises of departments 
                of motor vehicles.
                    ``(xv) A polling place, which includes any building 
                or infrastructure where voting takes place during an 
                election.
                    ``(xvi) A labor union hall or any other union-
                operated building or office where registered applicants 
                are referred in rotation to jobs.
                    ``(xvii) Such other locations as the Secretary of 
                Homeland Security shall specify for purposes of this 
                subsection.
            ``(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) Regulations.--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).
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