,,ii #aaith ,,congress #ast ,session ,s4 #dee ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,february #f 7legislative day1 ,february #e71 #bjbe,mr4 ,blumenthal 7for himself1 ,mr4 ,durbin1 ,mr4 ,booker1 ,ms4 ,cortez ,masto1 ,mr4 ,schiff1 ,mrs4 ,murray1 ,mr4 ,padilla1 ,ms4 ,warren1 ,mr4 ,wyden1 ,mr4 ,heinrich1 ,mr4 ,hickenlooper1 ,ms4 ,rosen1 ,ms4 ,duckworth1 ,mr4 ,sanders1 ,ms4 ,hirono1 ,mr4 ,markey1 ,mr4 ,schatz1 ,mr4 ,welch1 ,mr4 ,warnock1 ,mr4 ,bennet1 ,mr4 ,whitehouse1 and ,ms4 ,smith7 introduced the following bill2 which was read twice and referred to the ,committee on the ,judiciary ,a ,,bill ,to amend section #bhg of the ,immigration and ,nationality ,act to limit immigration enforcement actions at sensitive locations1 to clarify the powers of immigration officers at sensitive locations1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,protecting ,sensitive ,locations ,act4 #b4 ,powers of immigration officers and employees at sensitive 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 ,in order to ensure individuals' access to sensitive locations1 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 a written agreement described in subsection 7g74 7#b7 7,a7 ,an enforcement action may not take place1 be focused on a location1 or occur1 within #a1jjj feet of a sensitive 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#a7 is not certain as to whether exigent circumstances exist1 the individual-- 7i7 shall cease the enforcement action immediately2 7ii7 shall consult with his or her supervisor in real time regarding the existence of exigent circumstances2 and 7iii7 may not continue the enforcement action until the individual's supervisor affirmatively confirms the existence of exigent circumstances4 7#c7 7,a7 ,when proceeding with an enforcement action at or near a sensitive location1 individuals referred to in subparagraph 7,a7 or 7,b7 of paragraph 7#a7 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 sensitive 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 sensitive location1 individuals referred to in subparagraph 7,a7 or 7,b7 of paragraph 7#a7 are led to or near a sensitive location1 and no clear exigent circumstance with respect to the sensitive 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#b77;,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 sensitive location by any individual referred to in subparagraph 7,a7 or 7,b7 of paragraph 7#a71 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 such enforcement action1 which shall contain-- 7i7 the date1 ,state1 and local political subdivision 7such as city1 town1 or county7 in which each enforcement action occurred2 7ii7 the specific sensitive location site where the enforcement action occurred2 7iii7 the type of enforcement action that occurred2 7iv7 the specific department1 agency1 and officers responsible for the enforcement action2 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 sensitive location2 7vi7 a description of the intended target of the enforcement action2 7vii7 the number of individuals1 if any1 arrested or taken into custody through the enforcement action2 7viii7 the number of collateral arrests1 if any1 from the enforcement action and the reasons for each such arrest2 and 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 request and successfully receive a confidential or redacted copy of any 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 for ,u4,s4 ,customs and ,border ,protection shall each submit an annual report to the appropriate committees of ,congress that describes the enforcement actions undertaken by ,u4,s4 ,immigration and ,customs ,enforcement or ,u4,s4 ,customs and ,border ,protection1 as applicable1 during the preceding fiscal year that were covered by this subsection4 7,b7 ,each report submitted pursuant to subparagraph 7,a7 shall include-- 7i7 the number of enforcement actions at or focused on a sensitive location2 7ii7 the number of enforcement actions where officers or agents were subsequently led to or near a sensitive location2 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 occurred2 7iv7 the component of the agency responsible for each such enforcement action2 7v7 a description of the intended target of each such enforcement action2 7vi7 the number of individuals1 if any1 arrested or taken into custody through each such enforcement action2 7vii7 the number of collateral arrests1 if any1 from each such enforcement action and the reasons for each such arrest2 and 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 an annual report to the appropriate committees of ,congress regarding the complaints of enforcement actions taken in sensitive 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 submitted pursuant to subparagraph 7,a7 shall include-- 7i7 the number of complaints of enforcement actions reported at1 or focused on1 a sensitive location2 7ii7 the reported date1 site1 ,state1 and local political subdivision 7such as city1 town1 or county7 in which each enforcement action referred to in clause 7i7 occurred2 7iii7 the reported agency responsible for each such enforcement action2 7iv7 a description of the intended target of each such enforcement action2 7v7 the reported number of individuals1 if any1 arrested or taken into custody through each such enforcement action2 7vi7 the reported number of collateral arrests1 if any1 from each such enforcement action1 and the reasons for each such arrest2 and 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 appropriate authorizing official means-- 7i7 in the case of officers and agents of ,u4,s4 ,immigration and ,customs ,enforcement-- 7,i7 the ,assistant ,director of ,operations1 ,homeland ,security ,investigations2 7,,ii7 the ,executive ,associate ,director of ,homeland ,security ,investigations2 7,,iii7 the ,assistant ,director for ,field ,operations1 ,enforcement1 and ,removal ,operations2 7,,iv7 the ,executive ,associate ,director for ,field ,operations1 ,enforcement1 and ,removal ,operations2 or 7,v7 any other individual who is determined to be an appropriate authorizing official by the ,secretary of ,homeland ,security2 and 7ii7 in the case of officers and agents of ,u4,s4 ,customs and ,border ,protection-- 7,i7 a ,chief ,patrol ,agent2 7,,ii7 the ,director of ,field ,operations2 7,,iii7 the ,director of ,air and ,marine ,operations2 7,,iv7 the ,internal ,affairs ,special ,agent in ,charge2 or 7,v7 any other individual who is determined to be an appropriate authorizing official by the ,secretary of ,homeland ,security2 and 7iii7 in the case of all other individuals referred to in subparagraph 7,a7 or 7,b7 of paragraph 7#a71 an official determined under rules promulgated by the ,secretary of ,homeland ,security not later than #ij days after the date of the enactment of the ,protecting ,sensitive ,locations ,act4 7,b7 ,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 ,homeland ,security of the ,house of ,representatives2 7v7 the ,committee on the ,judiciary of the ,house of ,representatives2 and 7vi7 the ,committee on ,appropriations of the ,house of ,representatives4 7,c7 ,the term early childhood education program has the meaning given such term in section #ajc7h7 of the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #ajjc7h774 7,d7 ,the term enforcement action-- 7i7 means an apprehension1 arrest1 interview1 request for identification1 search1 or surveillance for the purposes of immigration enforcement2 and 7ii7 includes an enforcement action at1 or focused on1 a sensitive location that is part of a joint case led by another law enforcement agency4 7,e7 ,the term exigent circumstances means a situation involving-- 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 manner2 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 person2 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 safety2 7iv7 a direct threat to national security2 or 7v7 the imminent risk of destruction of evidence that is material to an ongoing criminal case4 7,f7 ,the term sensitive location includes all of the physical space located within #a1jjj feet of-- 7i7 any medical or mental healthcare facility1 including any hospital1 health care practitioner's office1 accredited health clinic1 vaccination or testing site1 or emergent or urgent care facility1 or community health center2 7ii7 any public or private school 7including preschools1 primary schools1 secondary schools1 and postsecondary schools 7including colleges and universities771 any site of an early childhood education program1 any other institution of learning1 such as vocational or trade schools1 and any other site where individuals who are unemployed or underemployed may apply for or receive workforce training2 7iii7 any scholastic or education-related activity or event1 including field trips and interscholastic events2 7iv7 any school bus or school bus stop during periods when school children are present on the bus or at the stop2 7v7 any recreational facility for children1 such as playgrounds and formal recreational facilities2 7vi7 any child care focused facility1 including child care centers1 before or after school care centers1 foster care facilities1 and group homes for children2 7vii7 any location where disaster or emergency response and relief is being provided by ,federal1 ,state1 or local entities1 such as the distribution of emergency supplies1 food1 and water2 any place of temporary shelter2 any place along an evacuation route2 and any site where registration for disaster-related assistance or family reunification is taking place2 7viii7 any location of any organization that-- 7,i7 assists children1 pregnant women1 victims of crime or abuse1 or individuals with significant mental or physical disabilities1 including domestic violence shelters1 child advocacy centers1 facilities that serve disabled persons1 drug or alcohol counseling and treatment facilities1 rape crisis centers1 supervised visitation centers1 family justice centers1 victims' services providers1 and community-based organizations providing social services2 or 7,,ii7 provides disaster or emergency social services and assistance1 or services for individuals experiencing homelessness1 including food banks1 pantries1 or other establishments distributing food1 and shelters2 7ix7 any church1 synagogue1 mosque1 or other place of worship or religious study1 such as buildings rented for the purpose of religious services1 or a temporary facility or location where such activities are taking place2 7x7 any sites of a funeral1 graveside ceremony1 wedding1 or any site where other religious or civil ceremonies or observances are occurring2 7xi7 any site during the occurrence of a public demonstration1 such as a march1 rally1 or parade2 7xii7 any ,federal1 ,state1 or local courthouse1 including the office of an individual's legal counsel or representative1 and a probation office2 7xiii7 any congressional district office2 7xiv7 any ,social ,security office2 7xv7 any public assistance offices1 including locations where individuals may apply for or receive unemployment compensation or report violations of labor and employment laws2 7xvi7 the indoor or outdoor premises of a department of motor vehicles2 7xvii7 a polling place1 including any building or infrastructure where voting takes place during an election2 7xviii7 a labor union hall or any other union-operated building or office where registered applicants are referred in rotation to jobs2 7xix7 any public library2 or 7xx7 any other locations specified by the ,secretary of ,homeland ,security for purposes of this subsection4 7,g7 ,the term supervisor means an official determined under rules promulgated by the ,secretary of ,homeland ,security pursuant to section #b7;c7 of the ,protecting ,sensitive ,locations ,act4 4 7b7 ,effective date ,the amendment made by subsection 7a7 shall take effect on the date that is #ij days after the date of the enactment of this ,act4 7c7 ,rulemaking ,not later than #ij days after the date of the enactment of this ,act1 the ,secretary of ,homeland ,security shall promulgate regulations to carry out the amendment made by subsection 7a74