,i #aaith ,,congress #ast ,session ,h4 ,r4 #efjc ,,in ,,the ,,house ,,of ,,representatives ,september #bf1 #bjbe,ms4 ,randall 7for herself1 ,ms4 ,garcia of ,texas1 ,ms4 ,norton1 ,ms4 ,kelly of ,illinois1 ,ms4 ,del,bene1 ,mr4 ,cisneros1 ,ms4 ,tlaib1 ,mr4 ,huffman1 ,ms4 ,lofgren1 and ,mr4 ,garcia of ,california7 introduced the following bill2 which was referred to the ,committee on the ,judiciary ,a ,,bill ,to limit the authority immigration officers have at protected emergency response locations4 #a4 ,short title ,this ,act may be cited as the ,emergency ,responder ,protection ,act4 #b4 ,powers of immigration officers and employees at protected emergency response locations 7a7 ,in general ,section #bhg of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aceg7 is amended by adding at the end the following3 7i7 7#a7 7,a7 ,an enforcement action may not take place at1 be focused on1 or occur within1 #a1jjj feet of a protected emergency response location1 except under exigent circumstances4 7,b7 ,if an immigration enforcement action is taking place under exigent circumstances1 and the exigent circumstances permitting the enforcement action cease1 the enforcement action shall be discontinued until such exigent circumstances reemerge4 7,c7 ,if an individual referred to in subparagraph 7,a7 or 7,b7 of paragraph 7#b7 is not certain as to whether exigent circumstances exist1 the individual shall cease the enforcement action immediately1 consult with their supervisor in real time as to the existence of exigent circumstances1 and shall not continue the enforcement action until the individual's supervisor affirmatively confirms the existence of exigent circumstances4 7#b7 ,this subsection shall apply to any enforcement action by-- 7,a7 officers or agents of the ,department of ,homeland ,security1 including officers and agents of ,u4,s4 ,immigration and ,customs ,enforcement and ,u4,s4 ,customs and ,border ,protection2 and 7,b7 any individual designated to perform immigration enforcement functions pursuant to subsection 7g74 7#c7 7,a7 ,when proceeding with an enforcement action at or near a protected emergency response location1 individuals referred to in subparagraphs 7,a7 and 7,b7 of paragraph 7#b7 shall make every effort-- 7i7 to conduct themselves as discreetly as possible1 consistent with officer and public safety2 7ii7 to limit the time spent at the protected emergency response location2 and 7iii7 to limit the enforcement action to the person or persons for whom prior approval was obtained4 7,b7 ,if1 in the course of an enforcement action that is not initiated at or focused on a protected emergency response location1 individuals referred to in subparagraphs 7,a7 and 7,b7 of paragraph 7#b7 are led to or near a protected emergency response location1 and no clear exigent circumstance with respect to the protected emergency response location exists1 such individuals shall-- 7i7 cease before taking any further enforcement action2 7ii7 conduct themselves in a discreet manner2 7iii7 maintain surveillance2 and 7iv7 in the event that uncertainty exists about the existence of exigent circumstances1 immediately consult their supervisor in order to determine whether such enforcement action should be discontinued pursuant to paragraph 7#a77;,c74 7,c7 ,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 care4 7,d7 ,this subsection shall not apply to a rare premeditated arrest operation1 undertaken with the prior written approval of an appropriate authorizing official1 involving the targeted arrest of a terrorist suspect1 an individual who poses a clear threat to national security1 or an individual who poses an extraordinary danger to public safety4 7#d7 ,if an enforcement action is carried out in violation of this subsection-- 7,a7 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 action2 and 7,b7 the alien who is the subject of such removal proceeding may file a motion for the immediate termination of the removal proceeding4 7#e7 7,a7 ,each official specified in subparagraph 7,b7 shall ensure that the employees under the supervision of such official receive annual training in compliance with the requirements of this subsection1 section #bci1 and section #chd of the ,illegal ,immigration ,reform and ,immigrant ,responsibility ,act of #aiif 7#h ,u4,s4,c4 #acfg74 7,b7 ,the officials specified in this subparagraph are the following3 7i7 ,the ,chief ,counsel of ,u4,s4 ,immigration and ,customs ,enforcement4 7ii7 ,the ,field ,office ,directors of ,u4,s4 ,immigration and ,customs ,enforcement4 7iii7 ,each ,special ,agent in ,charge of ,u4,s4 ,immigration and ,customs ,enforcement4 7iv7 ,each ,chief ,patrol ,agent of ,u4,s4 ,customs and ,border ,protection4 7v7 ,the ,director of ,field ,operations of ,u4,s4 ,customs and ,border ,protection4 7vi7 ,the ,director of ,air and ,marine ,operations of ,u4,s4 ,customs and ,border ,protection4 7vii7 ,the ,internal ,affairs ,special ,agent in ,charge of ,u4,s4 ,customs and ,border ,protection4 7#f7 7,a7 ,not later than #cj days after any enforcement action is taken at a protected emergency response location by any individual referred to in subparagraph 7,a7 or 7,b7 of paragraph 7#b71 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 of these individual enforcement actions1 which shall contain the following information3 7i7 ,the date1 ,state1 and local political subdivision 7such as city1 town1 or county7 in which each enforcement action occurred4 7ii7 ,the specific protected emergency response location site where the enforcement action occurred4 7iii7 ,the type of enforcement action that occurred4 7iv7 ,the specific department1 agency1 and officers responsible for the enforcement action4 7v7 ,a thorough description of the circumstances which purportedly justified the enforcement action1 including either-- 7,i7 a clear description of the exigent circumstances involved2 or 7,,ii7 a certified copy of the written approval for the immigration arrest that was signed by an appropriate authorizing officer1 along with a clear description of the specific and rare threat which justified the premeditated arrest at this protected emergency response location4 7vi7 ,a description of the intended target of the enforcement action4 7vii7 ,the number of individuals1 if any1 arrested or taken into custody through the enforcement action4 7viii7 ,the number of collateral arrests1 if any1 from the enforcement action and the reasons for each such arrest4 7ix7 ,a certification of whether a supervisor was contacted prior to1 during1 or after each such enforcement action4 7,b7 ,an appropriate committee of ,congress may1 at any time1 request1 and the ,secretary of ,homeland ,security shall provide1 a confidential or redacted copy of one of the individual reports described in subparagraph 7,a74 7#g7 7,a7 ,the ,director of ,u4,s4 ,immigration and ,customs ,enforcement and the ,commissioner of ,u4,s4 ,customs and ,border ,protection shall each submit to the appropriate committees of ,congress each year a report on the enforcement actions undertaken by ,u4,s4 ,immigration and ,customs ,enforcement and ,u4,s4 ,customs and ,border ,protection1 respectively1 during the preceding year that were covered by this subsection4 7,b7 ,each report on an agency for a year under this paragraph shall set forth the following3 7i7 ,the number of enforcement actions at or focused on a protected emergency response location4 7ii7 ,the number of enforcement actions where officers or agents were subsequently led to or near a protected emergency response location4 7iii7 ,the date1 site1 ,state1 and local political subdivision 7such as city1 town1 or county7 in which each enforcement action covered by clause 7i7 or 7ii7 occurred4 7iv7 ,the component of the agency responsible for each such enforcement action4 7v7 ,a description of the intended target of each such enforcement action4 7vi7 ,the number of individuals1 if any1 arrested or taken into custody through each such enforcement action4 7vii7 ,the number of collateral arrests1 if any1 from each such enforcement action and the reasons for each such arrest4 7viii7 ,a certification of whether the location administrator was contacted prior to1 during1 or after each such enforcement action4 7#h7 7,a7 ,the ,office of the ,inspector ,general of the ,department of ,homeland ,security shall submit to the appropriate committees of ,congress each year a report on the complaints of enforcement actions taken in protected emergency response locations by ,u4,s4 ,immigration and ,customs ,enforcement and ,u4,s4 ,customs and ,border ,protection during the preceding year that were covered by this subsection4 7,b7 ,each report for a year under this paragraph shall set forth the following3 7i7 ,the number of complaints of enforcement actions reported at or focused on a protected emergency response location4 7ii7 ,the reported date1 site1 ,state1 and local political subdivision 7such as city1 town1 or county7 in which each enforcement action covered was by clause 7i7 occurred4 7iii7 ,the reported agency responsible for each such enforcement action4 7iv7 ,a description of the intended target of each such enforcement action4 7v7 ,the reported number of individuals1 if any1 arrested or taken into custody through each such enforcement action4 7vi7 ,the reported number of collateral arrests1 if any1 from each such enforcement action and the reasons for each such arrest4 7vii7 ,if available1 a certification of whether the location administrator was contacted prior to1 during1 or after each such enforcement action4 7#i7 ,in this subsection3 7,a7 ,the term active natural disaster includes-- 7i7 floods1 storms1 wildfires1 hurricanes1 earthquakes1 landslides1 drought1 volcanic eruptions1 and tornadoes2 and 7ii7 man-made disasters1 such as oil spills and chemical spills4 7,b7 ,the term appropriate authorizing official means the following3 7i7 ,in the case of officers and agents of ,u4,s4 ,immigration and ,customs ,enforcement1 one of the following officials3 7,i7 ,the ,assistant ,director of ,operations1 ,homeland ,security ,investigations4 7,,ii7 ,the ,executive ,associate ,director of ,homeland ,security ,investigations4 7,,iii7 ,the ,assistant ,director for ,field ,operations1 ,enforcement1 and ,removal ,operations4 7,,iv7 ,the ,executive ,associate ,director for ,field ,operations1 ,enforcement1 and ,removal ,operations4 7,v7 ,any other individual who is determined to be an appropriate authorizing official by the ,secretary of ,homeland ,security4 7ii7 ,in the case of officers and agents of ,u4,s4 ,customs and ,border ,protection1 one of the following officials3 7,i7 ,a ,chief ,patrol ,agent4 7,,ii7 ,the ,director of ,field ,operations4 7,,iii7 ,the ,director of ,air and ,marine ,operations4 7,,iv7 ,the ,internal ,affairs ,special ,agent in ,charge4 7,v7 ,any other individual who is determined to be an appropriate authorizing official by the ,secretary of ,homeland ,security4 7iii7 ,in the case of all other individuals referred to in subparagraph 7,a7 or 7,b7 of paragraph 7#b71 an official determined under rules promulgated by the ,secretary of ,homeland ,security not later than #ij days after the date of the enactment of this subsection4 7,c7 ,the term appropriate committees of ,congress means-- 7i7 the ,committee on ,homeland ,security and ,governmental ,affairs of the ,senate2 7ii7 the ,committee on the ,judiciary of the ,senate2 7iii7 the ,committee on ,appropriations of the ,senate2 7iv7 the ,committee on ,energy and ,natural ,resources of the ,senate2 7v7 the ,committee on ,homeland ,security of the ,house of ,representatives2 7vi7 the ,committee on the ,judiciary of the ,house of ,representatives2 7vii7 the ,committee on ,natural ,resources of the ,house of ,representatives2 7viii7 the ,committee on ,transportation and ,infrastructure of the ,house of ,representatives2 and 7ix7 the ,committee on ,appropriations of the ,house of ,representatives4 7,d7 ,the term enforcement action means an apprehension1 arrest1 interview1 request for identification1 search1 or surveillance for the purposes of immigration enforcement1 and includes an enforcement action at1 or focused on1 a protected emergency response location that is part of a joint case led by another law enforcement agency4 7,e7 ,the term exigent circumstances means a situation involving any of the following3 7i7 ,the imminent risk of death1 violence1 or physical harm to any person1 including a situation implicating terrorism or the national security of the ,united ,states in some other manner4 7ii7 ,the immediate arrest or hot pursuit of an individual presenting an imminent danger to public safety1 including the imminent risk of death1 violence1 or physical harm to a person4 7iii7 ,a rare1 premeditated arrest operation described in paragraph 7#c77;,d71 undertaken with the prior written approval of an appropriate authorizing official1 involving the targeted arrest of a terrorist suspect1 an individual who poses a clear threat to national security1 or an individual who poses an extraordinary danger to public safety4 7iv7 ,the imminent risk of destruction of evidence that is material to an ongoing criminal case4 7,f7 ,the term protected emergency response location includes all of the physical space located within #a1jjj feet of the following3 7i7 ,locations where active natural disaster1 human-caused events1 emergency declarations are in effect1 or emergency response and relief is being provided1 such as the distribution of emergency supplies1 food1 and water2 places of temporary shelter2 along evacuation routes2 and sites where registration for disaster-related assistance or family reunification is under way4 7ii7 ,locations of any organization that provides disaster or emergency social services and assistance4 7,g7 ,the term supervisor means an official determined under rules promulgated by the ,secretary of ,homeland ,security not later than #ij days after the date of the enactment of this subsection4 4 7b7 ,effective date ,the amendment made by subsection 7a7 shall take effect #ij days after the date of the enactment of this ,act4 7c7 ,rule making ,not later than #ij days after the date of the enactment of this ,act1 the ,secretary of ,homeland ,security shall issue rules to carry out the amendment made by subsection 7a74