118 HR 5166 IH: Protecting Sensitive Locations Act
U.S. House of Representatives
2023-08-08
text/xml
EN
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I
118th CONGRESS
1st Session
H. R. 5166
IN THE HOUSE OF REPRESENTATIVES
August 8, 2023
Mr. Espaillat (for himself, Ms. Garcia of Texas, Ms. Bonamici, Mr. García of Illinois, Ms. Jayapal, Mr. Beyer, Mrs. Ramirez, Mr. McGovern, Mr. Doggett, Ms. Clarke of New York, Ms. Velázquez, 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.
1.

Short title
This Act may be cited as the “Protecting Sensitive Locations Act”.
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).