[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5603 Introduced in House (IH)]
<DOC>
119th CONGRESS
1st Session
H. R. 5603
To limit the authority immigration officers have at protected emergency
response locations.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
September 26, 2025
Ms. Randall (for herself, Ms. Garcia of Texas, Ms. Norton, Ms. Kelly of
Illinois, Ms. DelBene, Mr. Cisneros, Ms. Tlaib, Mr. Huffman, Ms.
Lofgren, and Mr. Garcia of California) introduced the following bill;
which was referred to the Committee on the Judiciary
_______________________________________________________________________
A BILL
To limit the authority immigration officers have at protected emergency
response locations.
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 ``Emergency Responder Protection
Act''.
SEC. 2. POWERS OF IMMIGRATION OFFICERS AND EMPLOYEES AT PROTECTED
EMERGENCY RESPONSE 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)(A) An enforcement action may not take place at, be focused
on, or occur within, 1,000 feet of a protected emergency response
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 (2) 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.
``(2) 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).
``(3)(A) When proceeding with an enforcement action at or
near a protected emergency response location, individuals
referred to in subparagraphs (A) and (B) of paragraph (2) 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
protected emergency response 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 protected
emergency response location, individuals referred to in
subparagraphs (A) and (B) of paragraph (2) are led to
or near a protected emergency response location, and no
clear exigent circumstance with respect to the
protected emergency response 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
(1)(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 protected emergency response location by
any individual referred to in subparagraph (A) or (B) of
paragraph (2), 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 protected emergency
response 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 protected emergency response
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 may, at
any time, request, and the Secretary of Homeland
Security shall provide, 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 protected emergency response
location.
``(ii) The number of enforcement actions
where officers or agents were subsequently led
to or near a protected emergency response
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 protected emergency response
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
protected emergency response location.
``(ii) 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.
``(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.
``(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 `active natural disaster' includes--
``(i) floods, storms, wildfires,
hurricanes, earthquakes, landslides, drought,
volcanic eruptions, and tornadoes; and
``(ii) man-made disasters, such as oil
spills and chemical spills.
``(B) 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 (2), 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.
``(C) 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 Energy and Natural
Resources of the Senate;
``(v) the Committee on Homeland Security of
the House of Representatives;
``(vi) the Committee on the Judiciary of
the House of Representatives;
``(vii) the Committee on Natural Resources
of the House of Representatives;
``(viii) the Committee on Transportation
and Infrastructure of the House of
Representatives; and
``(ix) the Committee on Appropriations of
the House of Representatives.
``(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 protected
emergency response 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) The imminent risk of destruction of
evidence that is material to an ongoing
criminal case.
``(F) The term `protected emergency response
location' includes all of the physical space located
within 1,000 feet of the following:
``(i) Locations where active natural
disaster, human-caused events, emergency
declarations are in effect, or emergency
response and relief is being provided, 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 under way.
``(ii) Locations of any organization that
provides disaster or emergency social services
and assistance.
``(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) Rule Making.--Not later than 90 days after the date of the
enactment of this Act, the Secretary of Homeland Security shall issue
rules to carry out the amendment made by subsection (a).
<all>