Bill Summary
This bill, titled the "Protecting Sensitive Locations Act", aims to amend a section within the Immigration and Nationality Act to limit immigration enforcement actions at "sensitive locations". These locations include places such as hospitals, schools, places of worship, and public events. The bill requires that prior approval is obtained before conducting an enforcement action within 1,000 feet of these sensitive locations, except in cases of exigent circumstances. It also outlines guidelines for officers and agents to follow when conducting enforcement actions near sensitive locations. Additionally, the bill requires annual training for employees in compliance with this subsection and mandates that reports on enforcement actions taken at sensitive locations be submitted to Congress.
Possible Impacts
1. People seeking medical treatment or care at sensitive locations such as hospitals, clinics, or emergency care facilities could be affected as this legislation would limit immigration enforcement actions in these areas.
2. Immigrant students or parents of students attending public or private schools, including colleges and universities, could be affected as this legislation would limit enforcement actions at or near schools and other educational institutions.
3. Individuals seeking assistance from organizations that assist vulnerable populations, such as domestic violence shelters or disaster relief centers, could be affected as this legislation would prohibit enforcement actions at these locations.
[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1011 Introduced in House (IH)]
<DOC>
116th CONGRESS
1st Session
H. R. 1011
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, 2019
Mr. Espaillat (for himself, Ms. Bonamici, Mr. Serrano, Ms. Jayapal, Mr.
Garcia of Illinois, and Mr. Beyer) 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.
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--
``(i) under exigent circumstances; and
``(ii) if prior approval is obtained.
``(B) If an 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.
``(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 exigent circumstance and prior approval 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) immediately consult their supervisor in order to
determine whether such enforcement action should be
discontinued.
``(C) This section 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.
``(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
and section 239 of this Act 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) 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.
``(7) In this subsection:
``(A) 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 Homeland Security of the
House of Representatives;
``(iv) the Committee on the Judiciary of the House
of Representatives;
``(v) the Committee on Appropriations of the House
of Representatives; and
``(vi) the Committee on Appropriations of the
Senate.
``(B) The term `early childhood education program' has the
meaning given the term under section 103 of the Higher
Education Act of 1965 (20 U.S.C. 1003).
``(C) 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.
``(D) The term `exigent circumstances' means a situation
involving 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 pursuit of a
dangerous felon, terrorist suspect, or other individual
presenting an imminent danger or public safety risk.
``(iii) The imminent risk of destruction of
evidence that is material to an ongoing criminal case.
``(E) The term `prior approval' means the following:
``(i) In the case of officers and agents of U.S.
Immigration and Customs Enforcement, prior written
approval for a specific, targeted operation from 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.
``(ii) In the case of officers and agents of U.S.
Customs and Border Protection, prior written approval
for a specific, targeted operation from 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.
``(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 pre-
schools, 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) Public assistance offices, including
locations where individuals may apply for or receive
unemployment compensation or report violations of labor
and employment laws.
``(xiii) Social Security offices.
``(xiv) Indoor and outdoor premises of departments
of motor vehicles.
``(xv) Such other locations as the Secretary of
Homeland Security shall specify for purposes of this
subsection.''.
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