[Congressional Record Volume 172, Number 21 (Thursday, January 29, 2026)]
[Senate]
[Pages S390-S391]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
SA 4282. Mr. BLUMENTHAL (for himself and Ms. Hirono) submitted an
amendment intended to be proposed by him to the bill H.R. 7148, making
further consolidated appropriations for the fiscal year ending
September 30, 2026, and for other purposes; which was ordered to lie on
the table; as follows:
On page 1176, after line 17, add the following:
SEC. 239. LIMITING IMMIGRATION ENFORCEMENT ACTIONS 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 a written agreement
described in subsection (g).
``(2)(A) An enforcement action may not take place, be
focused on a location, 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--
``(i) shall cease the enforcement action immediately;
``(ii) shall consult with his or her supervisor in real
time regarding the existence of exigent circumstances; and
``(iii) may 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
subparagraph (A) or (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 subparagraph (A) or (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
such enforcement action, which shall contain--
``(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 premeditated
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; and
``(ix) a certification of whether a supervisor was
contacted prior to, during, or after each such enforcement
action.
``(B) An appropriate committee of Congress may, at any
time, request and successfully receive a confidential or
redacted copy of any of the individual reports described in
subparagraph (A).
``(7)(A) The Director of U.S. Immigration and Customs
Enforcement and the Commissioner for U.S. Customs and Border
Protection shall each submit an annual report to the
appropriate committees of Congress that describes the
enforcement actions undertaken by U.S. Immigration and
Customs Enforcement or U.S. Customs and Border Protection, as
applicable, during the preceding fiscal year that were
covered by this subsection.
``(B) Each report submitted pursuant to subparagraph (A)
shall include--
``(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;
and
``(viii) a certification of whether the location
administrator was contacted prior to, during, or after each
such enforcement action.
``(8)(A) The Office of the Inspector General of the
Department of Homeland Security shall submit an annual report
to the appropriate committees of Congress regarding the
[[Page S391]]
complaints of enforcement actions taken in sensitive
locations by U.S. Immigration and Customs Enforcement and
U.S. Customs and Border Protection during the preceding year
that were covered by this subsection.
``(B) Each report submitted pursuant to subparagraph (A)
shall include--
``(i) the number of complaints of enforcement actions
reported at, or focused on, a sensitive location;
``(ii) the reported date, site, State, and local political
subdivision (such as city, town, or county) in which each
enforcement action referred to in clause (i) occurred;
``(iii) the reported agency responsible for each such
enforcement action;
``(iv) a description of the intended target of each such
enforcement action;
``(v) the reported number of individuals, if any, arrested
or taken into custody through each such enforcement action;
``(vi) the reported number of collateral arrests, if any,
from each such enforcement action, and the reasons for each
such arrest; and
``(vii) if available, a certification of whether the
location administrator was contacted prior to, during, or
after each such enforcement action.
``(9) In this subsection:
``(A) The term `appropriate authorizing official' means--
``(i) in the case of officers and agents of U.S.
Immigration and Customs Enforcement--
``(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; or
``(V) any other individual who is determined to be an
appropriate authorizing official by the Secretary of Homeland
Security; and
``(ii) in the case of officers and agents of U.S. Customs
and Border Protection--
``(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; or
``(V) any other individual who is determined to be an
appropriate authorizing official by the Secretary of Homeland
Security; and
``(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 the Department of Homeland Security
Appropriations Act, 2026.
``(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 such term in section 103(8) of the Higher
Education Act of 1965 (20 U.S.C. 1003(8)).
``(D) 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.
``(E) The term `exigent circumstances' means a situation
involving--
``(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; or
``(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--
``(i) any medical or mental healthcare facility, including
any hospital, health care practitioner's office, accredited
health clinic, vaccination or testing site, or emergent or
urgent care facility, or community health center;
``(ii) any public or private school (including preschools,
primary schools, secondary schools, and postsecondary schools
(including colleges and universities)), any site of an early
childhood education program, any other institution of
learning, such as vocational or trade schools, and any other
site 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) any recreational facility for children, such as
playgrounds and formal recreational facilities;
``(vi) any child care focused facility, including child
care centers, before or after school care centers, foster
care facilities, and group homes for children;
``(vii) any location where disaster or emergency response
and relief is being provided by Federal, State, or local
entities, such as the distribution of emergency supplies,
food, and water; any place of temporary shelter; any place
along an evacuation route; and any site where registration
for disaster-related assistance or family reunification is
taking place;
``(viii) any location 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, child
advocacy centers, facilities that serve disabled persons,
drug or alcohol counseling and treatment facilities, rape
crisis centers, supervised visitation centers, family justice
centers, victims' services providers, and community-based
organizations providing social services; or
``(II) provides disaster or emergency social services and
assistance, or services for individuals experiencing
homelessness, including food banks, pantries, or other
establishments distributing food, and shelters;
``(ix) any church, synagogue, mosque, or other place of
worship or religious study, such as buildings rented for the
purpose of religious services, or a temporary facility or
location where such activities are taking place;
``(x) any sites of a funeral, graveside ceremony, wedding,
or any site where other religious or civil ceremonies or
observances are occurring;
``(xi) any site during the occurrence of a public
demonstration, such as a march, rally, or parade;
``(xii) any Federal, State, or local courthouse, including
the office of an individual's legal counsel or
representative, and a probation office;
``(xiii) any congressional district office;
``(xiv) any Social Security office;
``(xv) any public assistance offices, including locations
where individuals may apply for or receive unemployment
compensation or report violations of labor and employment
laws;
``(xvi) the indoor or outdoor premises of a department of
motor vehicles;
``(xvii) a polling place, including any building or
infrastructure where voting takes place during an election;
``(xviii) a labor union hall or any other union-operated
building or office where registered applicants are referred
in rotation to jobs;
``(xix) any public library; or
``(xx) any other locations specified by the Secretary of
Homeland Security for purposes of this subsection.
``(G) The term `supervisor' means an official determined
under rules promulgated by the Secretary of Homeland Security
pursuant to section 239(c) of the Department of Homeland
Security Appropriations Act, 2026.''.
(b) Effective Date.--The amendment made by subsection (a)
shall take effect on the date that is 90 days after the date
of the enactment of this Act.
(c) Rulemaking.--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).
______