I
119THCONGRESS
1
STSESSION H. R. 1061
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
FEBRUARY6, 2025
Mr. E
SPAILLAT(for himself, Mr. MCGOVERN, Ms. SA´NCHEZ, Mr. TONKO, Mr.
J
OHNSONof Georgia, Ms. TLAIB, Ms. LOFGREN, Mr. TAKANO, Mrs.
M
CIVER, Mr. GRIJALVA, Ms. VELA´ZQUEZ, Mr. PALLONE, Ms. ANSARI,
Ms. M
OOREof Wisconsin, Ms. WASSERMANSCHULTZ, Mr. GREENof
Texas, Ms. B
ARRAGA´N, Mr. GOLDMANof New York, Ms. PINGREE, Ms.
T
OKUDA, Mr. PETERS, Mrs. HAYES, Mr. PANETTA, Mr. LARSONof Con-
necticut, Ms. C
LARKEof New York, Ms. CROCKETT, Mrs. RAMIREZ, Ms.
G
ARCIAof Texas, Mr. GARCI´Aof Illinois, Ms. JAYAPAL, Ms. BONAMICI,
Mr. B
EYER, Mr. CASTEN, Ms. OMAR, Ms. JACOBS, Mr. TURNERof
Texas, and Ms. O
CASIO-CORTEZ) 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
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SECTION 1. SHORT TITLE. 1
This Act may be cited as the ‘‘Protecting Sensitive 2
Locations Act’’. 3
SEC. 2. POWERS OF IMMIGRATION OFFICERS AND EMPLOY-4
EES AT SENSITIVE LOCATIONS. 5
(a) I
NGENERAL.—Section 287 of the Immigration 6
and Nationality Act (8 U.S.C. 1357) is amended by add-7
ing at the end the following: 8
‘‘(i)(1) In order to ensure individuals’ access to sen-9
sitive locations, this subsection shall apply to any enforce-10
ment action by— 11
‘‘(A) officers or agents of the Department of 12
Homeland Security, including officers and agents of 13
U.S. Immigration and Customs Enforcement and 14
U.S. Customs and Border Protection; and 15
‘‘(B) any individual designated to perform im-16
migration enforcement functions pursuant to sub-17
section (g). 18
‘‘(2)(A) An enforcement action may not take place 19
at, be focused on, or occur within, 1,000 feet of a sensitive 20
location, except under exigent circumstances. 21
‘‘(B) If an immigration enforcement action is 22
taking place under exigent circumstances, and the 23
exigent circumstances permitting the enforcement 24
action cease, the enforcement action shall be discon-25
tinued until such exigent circumstances reemerge. 26
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‘‘(C) If an individual referred to in subpara-1
graph (A) or (B) of paragraph (1) is not certain as 2
to whether exigent circumstances exist, the indi-3
vidual shall cease the enforcement action imme-4
diately, consult with their supervisor in real time as 5
to the existence of exigent circumstances, and shall 6
not continue the enforcement action until the indi-7
vidual’s supervisor affirmatively confirms the exist-8
ence of exigent circumstances. 9
‘‘(3)(A) When proceeding with an enforcement action 10
at or near a sensitive location, individuals referred to in 11
subparagraphs (A) and (B) of paragraph (1) shall make 12
every effort— 13
‘‘(i) to conduct themselves as discreetly as 14
possible, consistent with officer and public safe-15
ty; 16
‘‘(ii) to limit the time spent at the sensitive 17
location; and 18
‘‘(iii) to limit the enforcement action to the 19
person or persons for whom prior approval was 20
obtained. 21
‘‘(B) If, in the course of an enforcement action 22
that is not initiated at or focused on a sensitive loca-23
tion, individuals referred to in subparagraphs (A) 24
and (B) of paragraph (1) are led to or near a sen-25
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sitive location, and no clear exigent circumstance 1
with respect to the sensitive location exists, such in-2
dividuals shall— 3
‘‘(i) cease before taking any further en-4
forcement action; 5
‘‘(ii) conduct themselves in a discreet man-6
ner; 7
‘‘(iii) maintain surveillance; and 8
‘‘(iv) in the event that uncertainty exists 9
about the existence of exigent circumstances, 10
immediately consult their supervisor in order to 11
determine whether such enforcement action 12
should be discontinued pursuant to paragraph 13
(2)(C). 14
‘‘(C) This subsection shall not apply to the 15
transportation of an individual apprehended at or 16
near a land or sea border to a hospital or health 17
care provider for the purpose of providing such indi-18
vidual medical care. 19
‘‘(D) This subsection shall not apply to a rare 20
premeditated arrest operation, undertaken with the 21
prior written approval of an appropriate authorizing 22
official, involving the targeted arrest of a terrorist 23
suspect, an individual who poses a clear threat to 24
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national security, or an individual who poses an ex-1
traordinary danger to public safety. 2
‘‘(4) If an enforcement action is carried out in viola-3
tion of this subsection— 4
‘‘(A) no information resulting from the enforce-5
ment action may be entered into the record or re-6
ceived into evidence in a removal proceeding result-7
ing from the enforcement action; and 8
‘‘(B) the alien who is the subject of such re-9
moval proceeding may file a motion for the imme-10
diate termination of the removal proceeding. 11
‘‘(5)(A) Each official specified in subparagraph (B) 12
shall ensure that the employees under the supervision of 13
such official receive annual training in compliance with the 14
requirements of this subsection, section 239, and section 15
384 of the Illegal Immigration Reform and Immigrant Re-16
sponsibility Act of 1996 (8 U.S.C. 1367). 17
‘‘(B) The officials specified in this subpara-18
graph are the following: 19
‘‘(i) The Chief Counsel of U.S. Immigra-20
tion and Customs Enforcement. 21
‘‘(ii) The Field Office Directors of U.S. 22
Immigration and Customs Enforcement. 23
‘‘(iii) Each Special Agent in Charge of 24
U.S. Immigration and Customs Enforcement. 25
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‘‘(iv) Each Chief Patrol Agent of U.S. Cus-1
toms and Border Protection. 2
‘‘(v) The Director of Field Operations of 3
U.S. Customs and Border Protection. 4
‘‘(vi) The Director of Air and Marine Op-5
erations of U.S. Customs and Border Protec-6
tion. 7
‘‘(vii) The Internal Affairs Special Agent 8
in Charge of U.S. Customs and Border Protec-9
tion. 10
‘‘(6)(A) Not later than 30 days after any enforcement 11
action is taken at a sensitive location by any individual 12
referred to in subparagraph (A) or (B) of paragraph (1), 13
the Secretary of Homeland Security shall provide a report 14
to both the Office of the Inspector General of the Depart-15
ment of Homeland Security and the Office for Civil Rights 16
and Civil Liberties of the Department of Homeland Secu-17
rity for each of these individual enforcement actions, 18
which shall contain the following information: 19
‘‘(i) The date, State, and local political 20
subdivision (such as city, town, or county) in 21
which each enforcement action occurred. 22
‘‘(ii) The specific sensitive location site 23
where the enforcement action occurred. 24
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‘‘(iii) The type of enforcement action that 1
occurred. 2
‘‘(iv) The specific department, agency, and 3
officers responsible for the enforcement action. 4
‘‘(v) A thorough description of the cir-5
cumstances which purportedly justified the en-6
forcement action, including either— 7
‘‘(I) a clear description of the exigent 8
circumstances involved; or 9
‘‘(II) a certified copy of the written 10
approval for the immigration arrest that 11
was signed by an appropriate authorizing 12
officer, along with a clear description of 13
the specific and rare threat which justified 14
the premediated arrest at this sensitive lo-15
cation. 16
‘‘(vi) A description of the intended target 17
of the enforcement action. 18
‘‘(vii) The number of individuals, if any, 19
arrested or taken into custody through the en-20
forcement action. 21
‘‘(viii) The number of collateral arrests, if 22
any, from the enforcement action and the rea-23
sons for each such arrest. 24
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‘‘(ix) A certification of whether a super-1
visor was contacted prior to, during, or after 2
each such enforcement action. 3
‘‘(B) An appropriate committee of Congress 4
shall, at any time, be able to request and success-5
fully receive a confidential or redacted copy of one 6
of the individual reports described in subparagraph 7
(A). 8
‘‘(7)(A) The Director of U.S. Immigration and Cus-9
toms Enforcement and the Commissioner of U.S. Customs 10
and Border Protection shall each submit to the appro-11
priate committees of Congress each year a report on the 12
enforcement actions undertaken by U.S. Immigration and 13
Customs Enforcement and U.S. Customs and Border Pro-14
tection, respectively, during the preceding year that were 15
covered by this subsection. 16
‘‘(B) Each report on an agency for a year 17
under this paragraph shall set forth the following: 18
‘‘(i) The number of enforcement actions at 19
or focused on a sensitive location. 20
‘‘(ii) The number of enforcement actions 21
where officers or agents were subsequently led 22
to or near a sensitive location. 23
‘‘(iii) The date, site, State, and local polit-24
ical subdivision (such as city, town, or county) 25
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in which each enforcement action covered by 1
clause (i) or (ii) occurred. 2
‘‘(iv) The component of the agency respon-3
sible for each such enforcement action. 4
‘‘(v) A description of the intended target of 5
each such enforcement action. 6
‘‘(vi) The number of individuals, if any, ar-7
rested or taken into custody through each such 8
enforcement action. 9
‘‘(vii) The number of collateral arrests, if 10
any, from each such enforcement action and the 11
reasons for each such arrest. 12
‘‘(viii) A certification of whether the loca-13
tion administrator was contacted prior to, dur-14
ing, or after each such enforcement action. 15
‘‘(8)(A) The Office of the Inspector General of the 16
Department of Homeland Security shall submit to the ap-17
propriate committees of Congress each year a report on 18
the complaints of enforcement actions taken in sensitive 19
locations by U.S. Immigration and Customs Enforcement 20
and U.S. Customs and Border Protection during the pre-21
ceding year that were covered by this subsection. 22
‘‘(B) Each report for a year under this para-23
graph shall set forth the following: 24
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‘‘(i) The number of complaints of enforce-1
ment actions reported at or focused on a sen-2
sitive location. 3
‘‘(iii) The reported date, site, State, and 4
local political subdivision (such as city, town, or 5
county) in which each enforcement action cov-6
ered was by clause (i) occurred. 7
‘‘(iv) The reported agency responsible for 8
each such enforcement action. 9
‘‘(v) A description of the intended target of 10
each such enforcement action. 11
‘‘(vi) The reported number of individuals, 12
if any, arrested or taken into custody through 13
each such enforcement action. 14
‘‘(vii) The reported number of collateral 15
arrests, if any, from each such enforcement ac-16
tion and the reasons for each such arrest. 17
‘‘(viii) If available, a certification of wheth-18
er the location administrator was contacted 19
prior to, during, or after each such enforcement 20
action. 21
‘‘(9) In this subsection: 22
‘‘(A) The term ‘appropriate authorizing official’ 23
means the following: 24
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‘‘(i) In the case of officers and agents of 1
U.S. Immigration and Customs Enforcement, 2
one of the following officials: 3
‘‘(I) The Assistant Director of Oper-4
ations, Homeland Security Investigations. 5
‘‘(II) The Executive Associate Direc-6
tor of Homeland Security Investigations. 7
‘‘(III) The Assistant Director for 8
Field Operations, Enforcement, and Re-9
moval Operations. 10
‘‘(IV) The Executive Associate Direc-11
tor for Field Operations, Enforcement, and 12
Removal Operations. 13
‘‘(V) Any other individual who is de-14
termined to be an appropriate authorizing 15
official by the Secretary of Homeland Se-16
curity. 17
‘‘(ii) In the case of officers and agents of 18
U.S. Customs and Border Protection, one of 19
the following officials: 20
‘‘(I) A Chief Patrol Agent. 21
‘‘(II) The Director of Field Oper-22
ations. 23
‘‘(III) The Director of Air and Marine 24
Operations. 25
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‘‘(IV) The Internal Affairs Special 1
Agent in Charge. 2
‘‘(V) Any other individual who is de-3
termined to be an appropriate authorizing 4
official by the Secretary of Homeland Se-5
curity. 6
‘‘(iii) In the case of all other individuals re-7
ferred to in subparagraph (A) or (B) of para-8
graph (1), an official determined under rules 9
promulgated by the Secretary of Homeland Se-10
curity not later than 90 days after the date of 11
the enactment of this subsection. 12
‘‘(B) The term ‘appropriate committees of Con-13
gress’ means— 14
‘‘(i) the Committee on Homeland Security 15
and Governmental Affairs of the Senate; 16
‘‘(ii) the Committee on the Judiciary of the 17
Senate; 18
‘‘(iii) the Committee on Appropriations of 19
the Senate; 20
‘‘(iv) the Committee on Homeland Security 21
of the House of Representatives; 22
‘‘(v) the Committee on the Judiciary of the 23
House of Representatives; and 24
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‘‘(vi) the Committee on Appropriations of 1
the House of Representatives. 2
‘‘(C) The term ‘early childhood education pro-3
gram’ has the meaning given the term in section 103 4
of the Higher Education Act of 1965 (20 U.S.C. 5
1003). 6
‘‘(D) The term ‘enforcement action’ means an 7
apprehension, arrest, interview, request for identi-8
fication, search, or surveillance for the purposes of 9
immigration enforcement, and includes an enforce-10
ment action at, or focused on, a sensitive location 11
that is part of a joint case led by another law en-12
forcement agency. 13
‘‘(E) The term ‘exigent circumstances’ means a 14
situation involving any of the following: 15
‘‘(i) The imminent risk of death, violence, 16
or physical harm to any person, including a sit-17
uation implicating terrorism or the national se-18
curity of the United States in some other man-19
ner. 20
‘‘(ii) The immediate arrest or hot pursuit 21
of an individual presenting an imminent danger 22
to public safety, including the imminent risk of 23
death, violence, or physical harm to a person. 24
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‘‘(iii) A rare, premeditated arrest operation 1
described in paragraph (3)(D), undertaken with 2
the prior written approval of an appropriate au-3
thorizing official, involving the targeted arrest 4
of a terrorist suspect, an individual who poses 5
a clear threat to national security, or an indi-6
vidual who poses an extraordinary danger to 7
public safety. 8
‘‘(iv) A direct threat to national security. 9
‘‘(v) The imminent risk of destruction of 10
evidence that is material to an ongoing criminal 11
case. 12
‘‘(F) The term ‘sensitive location’ includes all of 13
the physical space located within 1,000 feet of the 14
following: 15
‘‘(i) Any medical or mental healthcare fa-16
cility, including any hospital, health care practi-17
tioner’s office, accredited health clinic, vaccina-18
tion or testing site, or emergent or urgent care 19
facility, or community health center. 20
‘‘(ii) Public and private schools (including 21
preschools, primary schools, secondary schools, 22
and postsecondary schools (including colleges 23
and universities)), sites of early childhood edu-24
cation programs, other institutions of learning, 25
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such as vocational or trade schools, and other 1
sites where individuals who are unemployed or 2
underemployed may apply for or receive work-3
force training. 4
‘‘(iii) Any scholastic or education-related 5
activity or event, including field trips and inter-6
scholastic events. 7
‘‘(iv) Any school bus or school bus stop 8
during periods when school children are present 9
on the bus or at the stop. 10
‘‘(v) Any recreational facility for children 11
such as playgrounds and formal recreational fa-12
cilities. 13
‘‘(vi) Any child care focused facilities in-14
cluding child care centers, before or after school 15
care centers, foster care facilities, and group 16
homes for children. 17
‘‘(v) Locations where disaster or emer-18
gency response and relief is being provided by 19
Federal, State, or local entities, such as the dis-20
tribution of emergency supplies, food, and 21
water; places of temporary shelter; along evacu-22
ation routes; and sites where registration for 23
disaster-related assistance or family reunifica-24
tion is underway. 25
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‘‘(vi) Locations of any organization that— 1
‘‘(I) assists children, pregnant women, 2
victims of crime or abuse, or individuals 3
with significant mental or physical disabil-4
ities, including domestic violence shelters, 5
child advocacy centers, facilities that serve 6
disabled persons, drug or alcohol coun-7
seling and treatment facilities, rape crisis 8
centers, supervised visitation centers, fam-9
ily justice centers, victims’ services pro-10
viders, and community-based organizations 11
providing social services; or 12
‘‘(II) provides disaster or emergency 13
social services and assistance, or services 14
for individuals experiencing homelessness, 15
including food banks, pantries, or other es-16
tablishments distributing food, and shel-17
ters. 18
‘‘(vii) Churches, synagogues, mosques, and 19
other places of worship or religious study, such 20
as buildings rented for the purpose of religious 21
services, or a temporary facility or location 22
where such activities are taking place. 23
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‘‘(viii) Sites of funerals, graveside cere-1
monies, weddings, or sites where other religious 2
or civil ceremonies or observances occur. 3
‘‘(ix) Sites during the occurrence of a pub-4
lic demonstration, such as a march, rally, or pa-5
rade. 6
‘‘(x) Any Federal, State, or local court-7
house, including the office of an individual’s 8
legal counsel or representative, and a probation 9
office. 10
‘‘(xi) Congressional district offices. 11
‘‘(xii) Social Security offices. 12
‘‘(xiii) Public assistance offices, including 13
locations where individuals may apply for or re-14
ceive unemployment compensation or report vio-15
lations of labor and employment laws. 16
‘‘(xiv) Indoor and outdoor premises of de-17
partments of motor vehicles. 18
‘‘(xv) A polling place, which includes any 19
building or infrastructure where voting takes 20
place during an election. 21
‘‘(xvi) A labor union hall or any other 22
union-operated building or office where reg-23
istered applicants are referred in rotation to 24
jobs. 25
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‘‘(xvii) Any public library. 1
‘‘(xviii) Such other locations as the Sec-2
retary of Homeland Security shall specify for 3
purposes of this subsection. 4
‘‘(G) The term ‘supervisor’ means an official 5
determined under rules promulgated by the Sec-6
retary of Homeland Security not later than 90 days 7
after the date of the enactment of this subsection.’’. 8
(b) E
FFECTIVEDATE.—The amendment made by 9
subsection (a) shall take effect 90 days after the date of 10
the enactment of this Act. 11
(c) R
EGULATIONS.—Not later than 90 days after the 12
date of the enactment of this Act, the Secretary of Home-13
land Security shall promulgate regulations to carry out the 14
amendment made by subsection (a). 15
Æ
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