Protecting Sensitive Locations Act

II 116TH CONGRESS 1ST SESSION S. 2097 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 such locations, and for other purposes. IN THE SENATE OF THE UNITED STATES JULY 11, 2019 Mr. BLUMENTHAL (for himself, Ms. HIRONO, Ms. HARRIS, Mr. MARKEY, Mr. WYDEN, Ms. DUCKWORTH, Mr. SCHATZ, Ms. KLOBUCHAR, Mrs. MUR- RAY, Ms. WARREN, Mr. KAINE, Mr. MURPHY, Mr. MERKLEY, Mrs. GILLIBRAND, Ms. CORTEZ MASTO, and Mr. BENNET) introduced the fol- lowing 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 such 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 03:13 Jul 17, 2019 Jkt 089200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\S2097.IS S2097 kjohnson on DSK79L0C42 with BILLS 2 •S 2097 IS 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 this subsection: 6 ‘‘(A) The term ‘appropriate committees of Con- 7 gress’ means— 8 ‘‘(i) the Committee on Appropriations of 9 the Senate; 10 ‘‘(ii) the Committee on Homeland Security 11 and Governmental Affairs of the Senate; 12 ‘‘(iii) the Committee on the Judiciary of 13 the Senate; 14 ‘‘(iv) the Committee on Appropriations of 15 the House of Representatives; 16 ‘‘(v) the Committee on Homeland Security 17 of the House of Representatives; and 18 ‘‘(vi) the Committee on the Judiciary of 19 the House of Representatives. 20 ‘‘(B) The term ‘early childhood education pro- 21 gram’ has the meaning given the term under section 22 103 of the Higher Education Act of 1965 (20 23 U.S.C. 1003). 24 ‘‘(C) The term ‘enforcement action’— 25 VerDate Sep 11 2014 03:13 Jul 17, 2019 Jkt 089200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\S2097.IS S2097 kjohnson on DSK79L0C42 with BILLS 3 •S 2097 IS ‘‘(i) means an apprehension, arrest, inter- 1 view, request for identification, search, or sur- 2 veillance for the purposes of immigration en- 3 forcement; and 4 ‘‘(ii) includes an enforcement action at, or 5 focused on, a sensitive location that is part of 6 a joint case led by another law enforcement 7 agency. 8 ‘‘(D) The term ‘exigent circumstances’ means a 9 situation involving— 10 ‘‘(i) the imminent risk of death, violence, 11 or physical harm to any person or property, in- 12 cluding a situation implicating terrorism or the 13 national security of the United States; 14 ‘‘(ii) the immediate arrest or pursuit of a 15 dangerous felon, terrorist suspect, or other indi- 16 vidual presenting an imminent danger; or 17 ‘‘(iii) the imminent risk of destruction of 18 evidence that is material to an ongoing criminal 19 case. 20 ‘‘(E) The term ‘prior approval’ means— 21 ‘‘(i) in the case of officers and agents of 22 U.S. Immigration and Customs Enforcement, 23 prior written approval to carry out an enforce- 24 VerDate Sep 11 2014 03:13 Jul 17, 2019 Jkt 089200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\S2097.IS S2097 kjohnson on DSK79L0C42 with BILLS 4 •S 2097 IS ment action involving a specific individual or in- 1 dividuals authorized by— 2 ‘‘(I) the Assistant Director of Oper- 3 ations, Homeland Security Investigations; 4 ‘‘(II) the Executive Associate Director 5 of Homeland Security Investigations; 6 ‘‘(III) the Assistant Director for Field 7 Operations, Enforcement and Removal Op- 8 erations; or 9 ‘‘(IV) the Executive Associate Direc- 10 tor for Field Operations, Enforcement and 11 Removal Operations; 12 ‘‘(ii) in the case of officers and agents of 13 U.S. Customs and Border Protection, prior 14 written approval to carry out an enforcement 15 action involving a specific individual or individ- 16 uals authorized by— 17 ‘‘(I) a Chief Patrol Agent; 18 ‘‘(II) the Director of Field Operations; 19 ‘‘(III) the Director of Air and Marine 20 Operations; or 21 ‘‘(IV) the Internal Affairs Special 22 Agent in Charge; and 23 ‘‘(iii) in the case of other Federal, State, 24 or local law enforcement officers, to carry out 25 VerDate Sep 11 2014 03:13 Jul 17, 2019 Jkt 089200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\S2097.IS S2097 kjohnson on DSK79L0C42 with BILLS 5 •S 2097 IS an enforcement action involving a specific indi- 1 vidual or individuals authorized by— 2 ‘‘(I) the head of the Federal agency 3 carrying out the enforcement action; or 4 ‘‘(II) the head of the State or local 5 law enforcement agency carrying out the 6 enforcement action. 7 ‘‘(F) The term ‘sensitive location’ includes all of 8 the physical space located within 1,000 feet of— 9 ‘‘(i) any medical treatment or health care 10 facility, including any hospital, health care 11 practitioner’s office, accredited health clinic, al- 12 cohol or drug treatment center, emergent or ur- 13 gent care facility, or community health center; 14 ‘‘(ii) public and private schools (including 15 preschools, primary schools, secondary schools, 16 and postsecondary schools (including colleges 17 and universities), sites of early childhood edu- 18 cation program facility, sites of after school 19 programs, other institutions of learning (includ- 20 ing vocational or trade schools), or other site at 21 which individuals who are unemployed or under- 22 employed may apply for or receive workforce 23 training; 24 VerDate Sep 11 2014 03:13 Jul 17, 2019 Jkt 089200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\S2097.IS S2097 kjohnson on DSK79L0C42 with BILLS 6 •S 2097 IS ‘‘(iii) any scholastic or education-related 1 activity or event, including field trips and inter- 2 scholastic events; 3 ‘‘(iv) any school bus or school bus stop 4 during periods when school children are present 5 on the bus or at the stop; 6 ‘‘(v) a location at which emergency service 7 providers distribute food or provide shelter; 8 ‘‘(vi) any organization that— 9 ‘‘(I) assists children, pregnant women, 10 victims of crime or abuse, or individuals 11 with significant mental or physical disabil- 12 ities; or 13 ‘‘(II) provides— 14 ‘‘(aa) disaster or emergency so- 15 cial services and assistance; or 16 ‘‘(bb) services for individuals ex- 17 periencing homelessness, including 18 food banks and shelters; 19 ‘‘(vii) any church, synagogue, mosque, or 20 other place of worship, including buildings 21 rented for the purpose of religious services, re- 22 treats, counseling, workshops, instruction, and 23 education; 24 VerDate Sep 11 2014 03:13 Jul 17, 2019 Jkt 089200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\S2097.IS S2097 kjohnson on DSK79L0C42 with BILLS 7 •S 2097 IS ‘‘(viii) any Federal, State, or local court- 1 house, including the office of an individual’s 2 legal counsel or representative, and a probation, 3 parole, or supervised release office; 4 ‘‘(ix) the site of a funeral, wedding, or 5 other religious ceremony or observance; 6 ‘‘(x) any public demonstration, such as a 7 march, rally, or parade; 8 ‘‘(xi) any domestic violence shelter, rape 9 crisis center, supervised visitation center, family 10 justice center, or victim services provider; 11 ‘‘(xii) any congressional district office; 12 ‘‘(xiii) any public assistance office, includ- 13 ing Federal, State, and municipal locations at 14 which individuals may apply for or receive un- 15 employment compensation or report violations 16 of labor and employment laws; 17 ‘‘(xiv) any office of the Social Security Ad- 18 ministration; 19 ‘‘(xv) any indoor or outdoor premises of a 20 State Department of Motor Vehicles; 21 ‘‘(xvi) any public library; or 22 ‘‘(xvii) any other location specified by the 23 Secretary of Homeland Security for purposes of 24 this subsection. 25 VerDate Sep 11 2014 03:13 Jul 17, 2019 Jkt 089200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\S2097.IS S2097 kjohnson on DSK79L0C42 with BILLS 8 •S 2097 IS ‘‘(2)(A) An enforcement action may not take place 1 at, or be focused on, a sensitive location unless— 2 ‘‘(i) the action involves exigent circumstances; 3 or 4 ‘‘(ii) prior approval for the enforcement action 5 was obtained from the appropriate official. 6 ‘‘(B) If an enforcement action is initiated pursuant 7 to subparagraph (A) and the exigent circumstances per- 8 mitting the enforcement action cease, the enforcement ac- 9 tion shall be discontinued until such exigent circumstances 10 reemerge. 11 ‘‘(C) If an enforcement action is carried out in viola- 12 tion of this subsection— 13 ‘‘(i) no information resulting from the enforce- 14 ment action may be entered into the record or re- 15 ceived into evidence in a removal proceeding result- 16 ing from the enforcement action; and 17 ‘‘(ii) the alien who is the subject of such re- 18 moval proceeding may file a motion for the imme- 19 diate termination of the removal proceeding. 20 ‘‘(3)(A) This subsection shall apply to any enforce- 21 ment action by officers or agents of the Department of 22 Homeland Security, including— 23 ‘‘(i) officers or agents of U.S. Immigration and 24 Customs Enforcement; 25 VerDate Sep 11 2014 03:13 Jul 17, 2019 Jkt 089200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\S2097.IS S2097 kjohnson on DSK79L0C42 with BILLS 9 •S 2097 IS ‘‘(ii) officers or agents of U.S. Customs and 1 Border Protection; and 2 ‘‘(iii) any individual designated to perform im- 3 migration enforcement functions pursuant to sub- 4 section (g). 5 ‘‘(B) While carrying out an enforcement action at a 6 sensitive location, officers and agents referred to in sub- 7 paragraph (A) shall make every effort— 8 ‘‘(i) to limit the time spent at the sensitive loca- 9 tion; 10 ‘‘(ii) to limit the enforcement action at the sen- 11 sitive location to the person or persons for whom 12 prior approval was obtained; and 13 ‘‘(iii) to conduct themselves as discreetly as pos- 14 sible, consistent with officer and public safety. 15 ‘‘(C) If, while carrying out an enforcement action 16 that is not initiated at or focused on a sensitive location, 17 officers or agents are led to a sensitive location, and no 18 exigent circumstance and prior approval with respect to 19 the sensitive location exists, such officers or agents shall— 20 ‘‘(i) cease before taking any further enforce- 21 ment action; 22 ‘‘(ii) conduct themselves in a discreet manner; 23 ‘‘(iii) maintain surveillance; and 24 VerDate Sep 11 2014 03:13 Jul 17, 2019 Jkt 089200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\S2097.IS S2097 kjohnson on DSK79L0C42 with BILLS 10 •S 2097 IS ‘‘(iv) immediately consult their supervisor in 1 order to determine whether such enforcement action 2 should be discontinued. 3 ‘‘(D) The limitations under this paragraph shall not 4 apply to the transportation of an individual apprehended 5 at or near a land or sea border to a hospital or health 6 care provider for the purpose of providing medical care 7 to such individual. 8 ‘‘(4)(A) Each official specified in subparagraph (B) 9 shall ensure that the employees under his or her super- 10 vision receive annual training on compliance with— 11 ‘‘(i) the requirements under this subsection in 12 enforcement actions at or focused on sensitive loca- 13 tions and enforcement actions that lead officers or 14 agents to a sensitive location; and 15 ‘‘(ii) the requirements under section 239 of this 16 Act and section 384 of the Illegal Immigration Re- 17 form and Immigrant Responsibility Act of 1996 (8 18 U.S.C. 1367). 19 ‘‘(B) The officials specified in this subparagraph 20 are— 21 ‘‘(i) the Chief Counsel of U.S. Immigration and 22 Customs Enforcement; 23 ‘‘(ii) the Field Office Directors of U.S. Immi- 24 gration and Customs Enforcement; 25 VerDate Sep 11 2014 03:13 Jul 17, 2019 Jkt 089200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\S2097.IS S2097 kjohnson on DSK79L0C42 with BILLS 11 •S 2097 IS ‘‘(iii) each Special Agent in Charge of U.S. Im- 1 migration and Customs Enforcement; 2 ‘‘(iv) each Chief Patrol Agent of U.S. Customs 3 and Border Protection; 4 ‘‘(v) the Director of Field Operations of U.S. 5 Customs and Border Protection; 6 ‘‘(vi) the Director of Air and Marine Operations 7 of U.S. Customs and Border Protection; 8 ‘‘(vii) the Internal Affairs Special Agent in 9 Charge of U.S. Customs and Border Protection; and 10 ‘‘(viii) the chief law enforcement officer of each 11 State or local law enforcement agency that enters 12 into a written agreement with the Department of 13 Homeland Security pursuant to subsection (g). 14 ‘‘(5) The Secretary of Homeland Security shall mod- 15 ify the Notice to Appear form (I–862)— 16 ‘‘(A) to provide the subjects of an enforcement 17 action with information, written in plain language, 18 summarizing the restrictions against enforcement 19 actions at sensitive locations set forth in this sub- 20 section and the remedies available to the alien if 21 such action violates such restrictions; 22 ‘‘(B) so that the information described in sub- 23 paragraph (A) is accessible to individuals with lim- 24 ited English proficiency; and 25 VerDate Sep 11 2014 03:13 Jul 17, 2019 Jkt 089200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6201 E:\BILLS\S2097.IS S2097 kjohnson on DSK79L0C42 with BILLS 12 •S 2097 IS ‘‘(C) so that subjects of an enforcement action 1 are not permitted to verify that the officers or 2 agents that carried out such action complied with 3 the restrictions set forth in this subsection. 4 ‘‘(6)(A) The Director of U.S. Immigration and Cus- 5 toms Enforcement and the Commissioner of U.S. Customs 6 and Border Protection shall each submit an annual report 7 to the appropriate committees of Congress that includes 8 the information set forth in subparagraph (B) with respect 9 to the respective agency. 10 ‘‘(B) Each report submitted under subparagraph (A) 11 shall include, with respect to the submitting agency during 12 the reporting period— 13 ‘‘(i) the number of enforcement actions that 14 were carried out at, or focused on, a sensitive loca- 15 tion; 16 ‘‘(ii) the number of enforcement actions in 17 which officers or agents were subsequently led to a 18 sensitive location; and 19 ‘‘(iii) for each enforcement action described in 20 clause (i) or (ii)— 21 ‘‘(I) the date on which it occurred; 22 ‘‘(II) the specific site, city, county, and 23 State in which it occurred; 24 VerDate Sep 11 2014 03:13 Jul 17, 2019 Jkt 089200 PO 00000 Frm 00012 Fmt 6652 Sfmt 6201 E:\BILLS\S2097.IS S2097 kjohnson on DSK79L0C42 with BILLS 1 [Text truncated for display. 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