Protecting Sensitive Locations Act

I 117TH CONGRESS 1ST SESSION H. R. 529 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 pur- poses. IN THE HOUSE OF REPRESENTATIVES JANUARY 28, 2021 Mr. ESPAILLAT (for himself, Mr. BEYER, Ms. BONAMICI, Mr. GARCI´A of Illi- nois, and Ms. JAYAPAL) 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 Representa- 1 tives of the United States of America in Congress assembled, 2 SECTION 1. SHORT TITLE. 3 This Act may be cited as the ‘‘Protecting Sensitive 4 Locations Act’’. 5 VerDate Sep 11 2014 23:35 Feb 15, 2021 Jkt 019200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H529.IH H529 kjohnson on DSK79L0C42PROD with BILLS 2 •HR 529 IH SEC. 2. POWERS OF IMMIGRATION OFFICERS AND EMPLOY- 1 EES AT SENSITIVE LOCATIONS. 2 Section 287 of the Immigration and Nationality Act 3 (8 U.S.C. 1357) is amended by adding at the end the fol- 4 lowing: 5 ‘‘(i)(1) In order to ensure individuals’ access to sen- 6 sitive locations, this subsection shall apply to any enforce- 7 ment action by— 8 ‘‘(A) officers or agents of the Department of 9 Homeland Security, including officers and agents of 10 U.S. Immigration and Customs Enforcement and 11 U.S. Customs and Border Protection; and 12 ‘‘(B) any individual designated to perform im- 13 migration enforcement functions pursuant to sub- 14 section (g). 15 ‘‘(2)(A) An enforcement action may not take place 16 at, be focused on, or occur within, 1,000 feet of, a sensitive 17 location, except— 18 ‘‘(i) under exigent circumstances; and 19 ‘‘(ii) if prior approval is obtained. 20 ‘‘(B) If an enforcement action is taking place under 21 exigent circumstances, and the exigent circumstances per- 22 mitting the enforcement action cease, the enforcement ac- 23 tion shall be discontinued until such exigent circumstances 24 reemerge. 25 VerDate Sep 11 2014 23:35 Feb 15, 2021 Jkt 019200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H529.IH H529 kjohnson on DSK79L0C42PROD with BILLS 3 •HR 529 IH ‘‘(3)(A) When proceeding with an enforcement action 1 at or near a sensitive location, individuals referred to in 2 subparagraphs (A) and (B) of paragraph (1) shall make 3 every effort— 4 ‘‘(i) to conduct themselves as discreetly as pos- 5 sible, consistent with officer and public safety; 6 ‘‘(ii) to limit the time spent at the sensitive lo- 7 cation; and 8 ‘‘(iii) to limit the enforcement action to the per- 9 son or persons for whom prior approval was ob- 10 tained. 11 ‘‘(B) If, in the course of an enforcement action that 12 is not initiated at or focused on a sensitive location, indi- 13 viduals referred to in subparagraphs (A) and (B) of para- 14 graph (1) are led to or near a sensitive location, and no 15 exigent circumstance and prior approval with respect to 16 the sensitive location exists, such individuals shall— 17 ‘‘(i) cease before taking any further enforce- 18 ment action; 19 ‘‘(ii) conduct themselves in a discreet manner; 20 ‘‘(iii) maintain surveillance; and 21 ‘‘(iv) immediately consult their supervisor in 22 order to determine whether such enforcement action 23 should be discontinued. 24 VerDate Sep 11 2014 23:35 Feb 15, 2021 Jkt 019200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H529.IH H529 kjohnson on DSK79L0C42PROD with BILLS 4 •HR 529 IH ‘‘(C) This section shall not apply to the transpor- 1 tation of an individual apprehended at or near a land or 2 sea border to a hospital or health care provider for the 3 purpose of providing such individual medical care. 4 ‘‘(4) If an enforcement action is carried out in viola- 5 tion of this subsection— 6 ‘‘(A) no information resulting from the enforce- 7 ment action may be entered into the record or re- 8 ceived into evidence in a removal proceeding result- 9 ing from the enforcement action; and 10 ‘‘(B) the alien who is the subject of such re- 11 moval proceeding may file a motion for the imme- 12 diate termination of the removal proceeding. 13 ‘‘(5)(A) Each official specified in subparagraph (B) 14 shall ensure that the employees under the supervision of 15 such official receive annual training in compliance with the 16 requirements of this subsection and section 239 of this 17 Act and section 384 of the Illegal Immigration Reform 18 and Immigrant Responsibility Act of 1996 (8 U.S.C. 19 1367). 20 ‘‘(B) The officials specified in this subparagraph are 21 the following: 22 ‘‘(i) The Chief Counsel of U.S. Immigration 23 and Customs Enforcement. 24 VerDate Sep 11 2014 23:35 Feb 15, 2021 Jkt 019200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H529.IH H529 kjohnson on DSK79L0C42PROD with BILLS 5 •HR 529 IH ‘‘(ii) The Field Office Directors of U.S. Immi- 1 gration and Customs Enforcement. 2 ‘‘(iii) Each Special Agent in Charge of U.S. Im- 3 migration and Customs Enforcement. 4 ‘‘(iv) Each Chief Patrol Agent of U.S. Customs 5 and Border Protection. 6 ‘‘(v) The Director of Field Operations of U.S. 7 Customs and Border Protection. 8 ‘‘(vi) The Director of Air and Marine Oper- 9 ations of U.S. Customs and Border Protection. 10 ‘‘(vii) The Internal Affairs Special Agent in 11 Charge of U.S. Customs and Border Protection. 12 ‘‘(6)(A) The Director of U.S. Immigration and Cus- 13 toms Enforcement and the Commissioner of U.S. Customs 14 and Border Protection shall each submit to the appro- 15 priate committees of Congress each year a report on the 16 enforcement actions undertaken by U.S. Immigration and 17 Customs Enforcement and U.S. Customs and Border Pro- 18 tection, respectively, during the preceding year that were 19 covered by this subsection. 20 ‘‘(B) Each report on an agency for a year under this 21 paragraph shall set forth the following: 22 ‘‘(i) The number of enforcement actions at or 23 focused on a sensitive location. 24 VerDate Sep 11 2014 23:35 Feb 15, 2021 Jkt 019200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H529.IH H529 kjohnson on DSK79L0C42PROD with BILLS 6 •HR 529 IH ‘‘(ii) The number of enforcement actions where 1 officers or agents were subsequently led to or near 2 a sensitive location. 3 ‘‘(iii) The date, site, State, and local political 4 subdivision (such as city, town, or county) in which 5 each enforcement action covered by clause (i) or (ii) 6 occurred. 7 ‘‘(iv) The component of the agency responsible 8 for each such enforcement action. 9 ‘‘(v) A description of the intended target of 10 each such enforcement action. 11 ‘‘(vi) The number of individuals, if any, ar- 12 rested or taken into custody through each such en- 13 forcement action. 14 ‘‘(vii) The number of collateral arrests, if any, 15 from each such enforcement action and the reasons 16 for each such arrest. 17 ‘‘(viii) A certification of whether the location 18 administrator was contacted prior to, during, or 19 after each such enforcement action. 20 ‘‘(7) In this subsection: 21 ‘‘(A) The term ‘appropriate committees of Con- 22 gress’ means— 23 ‘‘(i) the Committee on Homeland Security 24 and Governmental Affairs of the Senate; 25 VerDate Sep 11 2014 23:35 Feb 15, 2021 Jkt 019200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\H529.IH H529 kjohnson on DSK79L0C42PROD with BILLS 7 •HR 529 IH ‘‘(ii) the Committee on the Judiciary of the 1 Senate; 2 ‘‘(iii) the Committee on Homeland Security 3 of the House of Representatives; 4 ‘‘(iv) the Committee on the Judiciary of 5 the House of Representatives; 6 ‘‘(v) the Committee on Appropriations of 7 the House of Representatives; and 8 ‘‘(vi) the Committee on Appropriations of 9 the Senate. 10 ‘‘(B) The term ‘early childhood education pro- 11 gram’ has the meaning given the term under section 12 103 of the Higher Education Act of 1965 (20 13 U.S.C. 1003). 14 ‘‘(C) The term ‘enforcement action’ means an 15 arrest, interview, search, or surveillance for the pur- 16 poses of immigration enforcement, and includes an 17 enforcement action at, or focused on, a sensitive lo- 18 cation that is part of a joint case led by another law 19 enforcement agency. 20 ‘‘(D) The term ‘exigent circumstances’ means a 21 situation involving the following: 22 ‘‘(i) The imminent risk of death, violence, 23 or physical harm to any person, including a sit- 24 uation implicating terrorism or the national se- 25 VerDate Sep 11 2014 23:35 Feb 15, 2021 Jkt 019200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\H529.IH H529 kjohnson on DSK79L0C42PROD with BILLS 8 •HR 529 IH curity of the United States in some other man- 1 ner. 2 ‘‘(ii) The immediate arrest or pursuit of a 3 dangerous felon, terrorist suspect, or other indi- 4 vidual presenting an imminent danger or public 5 safety risk. 6 ‘‘(iii) The imminent risk of destruction of 7 evidence that is material to an ongoing criminal 8 case. 9 ‘‘(E) The term ‘prior approval’ means the fol- 10 lowing: 11 ‘‘(i) In the case of officers and agents of 12 U.S. Immigration and Customs Enforcement, 13 prior written approval for a specific, targeted 14 operation from one of the following officials: 15 ‘‘(I) The Assistant Director of Oper- 16 ations, Homeland Security Investigations. 17 ‘‘(II) The Executive Associate Direc- 18 tor of Homeland Security Investigations. 19 ‘‘(III) The Assistant Director for 20 Field Operations, Enforcement, and Re- 21 moval Operations. 22 ‘‘(IV) The Executive Associate Direc- 23 tor for Field Operations, Enforcement, and 24 Removal Operations. 25 VerDate Sep 11 2014 23:35 Feb 15, 2021 Jkt 019200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\H529.IH H529 kjohnson on DSK79L0C42PROD with BILLS 9 •HR 529 IH ‘‘(ii) In the case of officers and agents of 1 U.S. Customs and Border Protection, prior 2 written approval for a specific, targeted oper- 3 ation from one of the following officials: 4 ‘‘(I) A Chief Patrol Agent. 5 ‘‘(II) The Director of Field Oper- 6 ations. 7 ‘‘(III) The Director of Air and Marine 8 Operations. 9 ‘‘(IV) The Internal Affairs Special 10 Agent in Charge. 11 ‘‘(F) The term ‘sensitive location’ includes all of 12 the physical space located within 1,000 feet of the 13 following: 14 ‘‘(i) Any medical treatment or health care 15 facility, including any hospital, doctor’s office, 16 accredited health clinic, or emergent or urgent 17 care facility, or community health center. 18 ‘‘(ii) Public and private schools (including 19 pre-schools, primary schools, secondary schools, 20 and postsecondary schools (including colleges 21 and universities)), sites of early childhood edu- 22 cation programs, other institutions of learning, 23 such as vocational or trade schools, and other 24 sites where individuals who are unemployed or 25 VerDate Sep 11 2014 23:35 Feb 15, 2021 Jkt 019200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\H529.IH H529 kjohnson on DSK79L0C42PROD with BILLS 10 •HR 529 IH underemployed may apply for or receive work- 1 force training. 2 ‘‘(iii) Any scholastic or education-related 3 activity or event, including field trips and inter- 4 scholastic events. 5 ‘‘(iv) Any school bus or school bus stop 6 during periods when school children are present 7 on the bus or at the stop. 8 ‘‘(v) Locations where emergency services 9 providers provide shelter or food. 10 ‘‘(vi) Locations of any organization that— 11 ‘‘(I) assists children, pregnant women, 12 victims of crime or abuse, or individuals 13 with significant mental or physical disabil- 14 ities, including domestic violence shelters, 15 rape crisis centers, supervised visitation 16 centers, family justice centers, and victims 17 services providers; or 18 ‘‘(II) provides disaster or emergency 19 social services and assistance, or services 20 for individuals experiencing homelessness, 21 including, food banks and shelters. 22 ‘‘(vii) Churches, synagogues, mosques, and 23 other places of worship, such as buildings 24 rented for the purpose of religious services. 25 VerDate Sep 11 2014 23:35 Feb 15, 2021 Jkt 019200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\H529.IH H529 kjohnson on DSK79L0C42PROD with BILLS 11 •HR 529 IH ‘‘(viii) Sites of funerals, weddings, or other 1 public religious ceremonies. 2 ‘‘(ix) Sites during the occurrence of a pub- 3 lic demonstration, such as a march, rally, or pa- 4 rade. 5 ‘‘(x) Any Federal, State, or local court- 6 house, including the office of an individual’s 7 legal counsel or representative, and a probation 8 office. 9 ‘‘(xi) Congressional district offices. 10 ‘‘(xii) Public assistance offices, including 11 locations where individuals may apply for or re- 12 ceive unemployment compensation or report vio- 13 lations of labor and employment laws. 14 ‘‘(xiii) Social Security offices. 15 ‘‘(xiv) Indoor and outdoor premises of de- 16 partments of motor vehicles. 17 ‘‘(xv) Such other locations as the Secretary 18 of Homeland Security shall specify for purposes 19 of this subsection.’’. 20 Æ VerDate Sep 11 2014 23:35 Feb 15, 2021 Jkt 019200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6301 E:\BILLS\H529.IH H529 kjohnson on DSK79L0C42PROD with BILLS