Sec. 4001. Protecting protected areas
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Section 287 of the Immigration and Nationality Act ( 8 U.S.C. 1357 ) is amended— by striking the Service each place such term appears and inserting the Department of Homeland Security ; by striking Attorney General each place such term appears and inserting Secretary of Homeland Security ; in subsection (f)(1), by striking Commissioner and inserting Director of U.S. Citizenship and Immigration Services ; in subsection (h)— by striking of the Immigration and Nationality Act ; and by striking of such Act ; and by adding at the end the following:
In this subsection: The term appropriate congressional committees means— the Committee on Homeland Security and Governmental Affairs of the Senate ; the Committee on the Judiciary of the Senate ; the Committee on Homeland Security of the House of Representatives ; and the Committee on the Judiciary of the House of Representatives . The term enforcement action — means an apprehension, arrest, inspection interview, request for identification, search, seizure, service of charging documents or subpoenas, or surveillance for the purposes of immigration enforcement; and includes an enforcement action at, or focused on, a protected area that is part of a joint case led by another law enforcement agency.
The term exigent circumstances means a situation involving— the imminent risk of death, violence, or physical harm to any person or property, including a situation implicating terrorism or the national security of the United States; the immediate arrest or pursuit of a dangerous felon, terrorist suspect, or other individual presenting an imminent danger; or the imminent risk of destruction of evidence that is material to an ongoing criminal case. The term prior approval means— in the case of officers and agents of U.S.
Immigration and Customs Enforcement, prior written approval to carry out an enforcement action involving a specific individual or individuals authorized by— the Assistant Director of Operations, Homeland Security Investigations; the Executive Associate Director, Homeland Security Investigations; the Assistant Director for Field Operations, Enforcement and Removal Operations; or the Executive Associate Director for Field Operations, Enforcement and Removal Operations; in the case of officers and agents of U.S.
Customs and Border Protection, prior written approval to carry out an enforcement action involving a specific individual or individuals authorized by— a Chief Patrol Agent; the Director of Field Operations; the Director of Air and Marine Operations; or the Internal Affairs Special Agent in Charge; and in the case of other Federal, State, or local law enforcement officers, to carry out an enforcement action involving a specific individual or individuals authorized by— the head of the Federal agency carrying out the enforcement action; or the head of the State or local law enforcement agency carrying out the enforcement action.
The term protected area includes all of the physical space located within 1,000 feet of— any medical treatment or mental health care facility, including any hospital, doctor’s office, health clinic, alcohol or drug prevention, counseling, or treatment facilities, syringe exchange services, vaccination, treatment, or testing sites, emergent or urgent care facility, sites that serve pregnant individuals, or community health centers; any public or private school, including any known and licensed day care facility, preschool, sites of early childhood programs, primary school, secondary school, postsecondary school (including colleges and universities), or other institution of learning (including vocational or trade schools); any scholastic or education-related activity or event or before or after school program, including field trips and interscholastic events; any school bus or school bus stop; any place where children gather, such as a playground, a recreation center, a library, a foster care facility, or a group home for children; any physical structure of an organization or subdivision of government that— assists children, pregnant women, victims of crime or abuse, or individuals with significant mental or physical disabilities; provides social services and assistance, including homeless shelters, community-based organizations, facilities that serve disabled persons, drug or alcohol counseling and treatment facilities, food banks or food pantries, and other places providing emergency and disaster services or assistance with food and nutrition, housing affordability and income or other services funded by State or local government, charitable giving, the Special Supplemental Nutrition Program for Women, Infants, and Children (WIC), Supplemental Nutrition Assistance Program (SNAP), Temporary Assistance for Needy Families (TANF), Social Security, or the United States Housing Act; or provides hospice, palliative, or other available end-of-life care services to terminally ill persons; any church, synagogue, mosque, or other place of worship or religious study, including buildings rented for the purpose of religious services, retreats, counseling, workshops, instruction, and education; any Federal, State, or local courthouse, including the office of an individual’s legal counsel or representative, and a probation, parole, or supervised release office; the site of a funeral, grave-side ceremony, rosary, wedding, or other religious ceremony or observance; any public demonstration, such as a march, a rally, or a parade; any domestic violence shelter, rape crisis center, child advocacy center, supervised visitation center, family justice center, or victim services provider; any congressional district office; indoor and outdoor premises of a State department of motor vehicles; a place where disaster or emergency response and relief is provided, including evacuation routes, places where shelter or emergency supplies, food, or water are distributed, or places where registration for disaster-relief assistance or family reunification is underway; or any other location specified by the Secretary of Homeland Security for purposes of this subsection.
An enforcement action may not take place at, or be focused on, a protected area unless— the action involves exigent circumstances; and prior approval for the enforcement action was obtained. If an enforcement action is initiated pursuant to subparagraph
(A)and the exigent circumstances permitting the enforcement action cease, the enforcement action shall be discontinued until such exigent circumstances reemerge. If an enforcement action is carried out in violation of this subsection— 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 action; and the noncitizen who is the subject of such removal proceeding may file a motion for the immediate termination of the removal proceeding. This subsection shall apply to any enforcement action by officers or agents of the Department of Homeland Security, including— officers or agents of U.S. Immigration and Customs Enforcement; officers or agents of U.S. Customs and Border Protection; and any individual designated to perform immigration enforcement functions pursuant to subsection (g). While carrying out an enforcement action within a protected area, officers and agents referred to in subparagraph
(A)shall make every effort— to limit the time spent in the protected area; to limit the enforcement action in the protected area to the person or persons for whom prior approval was obtained; and to conduct themselves discreetly. If, while carrying out an enforcement action that is not initiated in or focused on a protected area, officers or agents are led into a protected area, and no exigent circumstance and prior approval with respect to the protected area, such officers or agents shall— cease before taking any further enforcement action; conduct themselves in a discreet manner; maintain surveillance on an individual; and immediately consult their supervisor in order to determine whether such enforcement action should be discontinued. The limitations under this paragraph 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 medical care to such individual. Each official specified in subparagraph
(B)shall ensure that the employees under his or her supervision receive annual training regarding compliance with— the requirements under this subsection with respect to enforcement actions at or focused on protected areas and enforcement actions that lead officers or agents to a protected area; and the requirements under section 239 of this Act and section 384 of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 ( 8 U.S.C. 1367 ). The officials specified in this subparagraph are— the Chief Counsel of each Field Office of U.S. Immigration and Customs Enforcement; each Field Office Director of U.S. Immigration and Customs Enforcement; each Special Agent in Charge of U.S. Immigration and Customs Enforcement; each Chief Patrol Agent of U.S. Customs and Border Protection; the Director of Field Operations of U.S. Customs and Border Protection; the Director of Air and Marine Operations of U.S. Customs and Border Protection; the Internal Affairs Special Agent in Charge of U.S. Customs and Border Protection; and the chief law enforcement officer of each State or local law enforcement agency that enters into a written agreement with the Department of Homeland Security pursuant to subsection (g). Not later than 180 days after the date of the enactment of the Health Equity and Accountability Act of 2024 , the Secretary of Homeland Security shall modify the Notice to Appear form (Form I–862)— to provide the subject of an enforcement action with information, written in plain language, summarizing the restrictions against enforcement actions at protected areas (as described in this subsection) and the remedies available to the individual if such action violates such restrictions; to ensure that the information provided pursuant to subparagraph
(A)is accessible to an individual with limited English proficiency; and to ensure that the subject of an enforcement action is not permitted to verify that the officers or agents that carried out such action complied with the restrictions set forth in this subsection. The Director of U.S. Immigration and Customs Enforcement and the Commissioner of U.S. Customs and Border Protection shall each submit an annual report to the appropriate congressional committees that includes the information set forth in subparagraph
(B)with respect to the respective agency. Each report submitted pursuant to subparagraph
(A)shall include, with respect to the submitting agency during the reporting period— the number of enforcement actions that were carried out at, or focused on, a protected area; the number of enforcement actions in which officers or agents were subsequently led to a protected area; and for each enforcement action described in clause
(i)or (ii)— the date on which such action occurred; the specific site, city, county, and State in which such action occurred; if the site of the enforcement action was in a protected area— the identification of the protected area; the reasons such action was taken in such area; if such action was taken without prior approval, certification that notification to headquarters of a submitting agency was provided after such action took place; and a report describing what occurred during and immediately after such action; the components of the agency involved in the enforcement action; a description of the enforcement action, including the nature of the criminal activity of its intended target; the number of individuals, if any, arrested or taken into custody; the number of collateral arrests, if any, and the reasons for each such arrest; a certification whether the location administrator of a protected area was contacted before, during, or after the enforcement action; and the percentage of all of the staff members and supervisors reporting to the officials listed in paragraph (4)(B) who completed the training required under paragraph (4)(A). Nothing in the subsection may be construed— to affect the authority of Federal, State, or local law enforcement agencies— to enforce generally applicable Federal or State criminal laws unrelated to immigration; or to protect residents from imminent threats to public safety; or to limit or override the protections provided in— section 239; or section 384 of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 ( 8 U.S.C. 1367 ). .
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