[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1061 Introduced in House (IH)]
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119th CONGRESS
1st Session
H. R. 1061
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
February 6, 2025
Mr. Espaillat (for himself, Mr. McGovern, Ms. Sanchez, Mr. Tonko, Mr.
Johnson of Georgia, Ms. Tlaib, Ms. Lofgren, Mr. Takano, Mrs. McIver,
Mr. Grijalva, Ms. Velazquez, Mr. Pallone, Ms. Ansari, Ms. Moore of
Wisconsin, Ms. Wasserman Schultz, Mr. Green of Texas, Ms. Barragan, Mr.
Goldman of New York, Ms. Pingree, Ms. Tokuda, Mr. Peters, Mrs. Hayes,
Mr. Panetta, Mr. Larson of Connecticut, Ms. Clarke of New York, Ms.
Crockett, Mrs. Ramirez, Ms. Garcia of Texas, Mr. Garcia of Illinois,
Ms. Jayapal, Ms. Bonamici, Mr. Beyer, Mr. Casten, Ms. Omar, Ms. Jacobs,
Mr. Turner of Texas, and Ms. Ocasio-Cortez) 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)(A) The Office of the Inspector General of the Department of
Homeland Security shall submit to the appropriate committees of
Congress each year a report on the 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 for a year under this paragraph shall set
forth the following:
``(i) The number of complaints of enforcement
actions reported at or focused on a sensitive location.
``(iii) The reported date, site, State, and local
political subdivision (such as city, town, or county)
in which each enforcement action covered was by clause
(i) occurred.
``(iv) The reported agency responsible for each
such enforcement action.
``(v) A description of the intended target of each
such enforcement action.
``(vi) The reported number of individuals, if any,
arrested or taken into custody through each such
enforcement action.
``(vii) The reported number of collateral arrests,
if any, from each such enforcement action and the
reasons for each such arrest.
``(viii) 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 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 apprehension,
arrest, interview, request for identification, 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 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) 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) Any recreational facility for children such
as playgrounds and formal recreational facilities.
``(vi) Any child care focused facilities including
child care centers, before or after school care
centers, foster care facilities, and group homes for
children.
``(v) Locations 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; places of
temporary shelter; along evacuation routes; and sites
where registration for disaster-related assistance or
family reunification is underway.
``(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, 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.
``(vii) Churches, synagogues, mosques, and other
places 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.
``(viii) Sites of funerals, graveside ceremonies,
weddings, or sites where other religious or civil
ceremonies or observances occur.
``(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) Any public library.
``(xviii) 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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