[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[S. 455 Introduced in Senate (IS)]
<DOC>
119th CONGRESS
1st Session
S. 455
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 SENATE OF THE UNITED STATES
February 6 (legislative day, February 5), 2025
Mr. Blumenthal (for himself, Mr. Durbin, Mr. Booker, Ms. Cortez Masto,
Mr. Schiff, Mrs. Murray, Mr. Padilla, Ms. Warren, Mr. Wyden, Mr.
Heinrich, Mr. Hickenlooper, Ms. Rosen, Ms. Duckworth, Mr. Sanders, Ms.
Hirono, Mr. Markey, Mr. Schatz, Mr. Welch, Mr. Warnock, Mr. Bennet, Mr.
Whitehouse, and Ms. Smith) introduced the following bill; which was
read twice and 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 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 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 Protecting
Sensitive Locations Act.
``(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 2(c) of the Protecting Sensitive Locations
Act.''.
(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).
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