Sec. 1122. Protecting sensitive locations
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/bill/119/hr/4393/ih/section-1122·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Section 287 of the Immigration and Nationality Act ( 8 U.S.C. 1357 ) is amended by adding at the end the following: Except as otherwise provided, an officer or an agent of the U.S. Immigration and Customs Enforcement or the U.S. Customs and Border Protection may not take an immigration enforcement action in or near a protected area. Paragraph
(1)does not apply— whenever prior approval has been obtained; or under exigent circumstances (including, but not limited to, an immigration enforcement action that involves a national security threat, the hot pursuit of an individual who poses a public safety threat, or the hot pursuit of an individual who was observed crossing the border; that involves the imminent risk of death, violence, or physical harm to a person or the imminent risk that evidence material to a criminal case will be destroyed; or where a safe alternative location does not exist). When taking an immigration enforcement action in or near a protected area, an officer or an agent of U.S. Immigration and Customs Enforcement or U.S. Customs and Border Protection shall, to the fullest extent possible— take the immigration enforcement action in a non-public area or in a manner that minimizes the effect on another person who is accessing the protected area; limit the time spent in or near the protected area; and limit the immigration enforcement action to the person who is the subject of such enforcement action. If an immigration enforcement action is taken due to exigent circumstances, the officer or agent shall inform the Director of U.S. Immigration and Customs Enforcement (or the Director’s designee) or the Commissioner of U.S. Customs and Border Protection (or the Commissioner’s designee) as the case may be, as soon as practical thereafter. In this subsection: The term immigration enforcement action means an arrest, search, service of a subpoena or a notice to appear in immigration court, or other immigration enforcement action. The term prior approval means— in the case of an immigration enforcement action that an officer or an agent of U.S. Immigration and Customs Enforcement will take, prior written approval from the Director (or the Director’s designee); and in the case of an immigration enforcement action that an officer or an agent of U.S. Customs and Border Protection will take, prior written approval from the Commissioner (or the Commissioner’s designee). The term protected area includes a structure or a place that provides essential services or at which a person would engage in an essential activity, including— any school; any hospital, medical facility, mental health facility, or other health care facility; any place of worship or religious study, whether in a structure dedicated to activities of faith or a temporary facility or location where such activities are taking place; any structure or place, the purpose of which is for children to gather; any structure or place, the purpose of which is to provide social services; any structure or place, the purpose of which is to provide disaster or emergency assistance or emergency relief; a place where a funeral, graveside ceremony, rosary, wedding, or other religious or civil ceremonies or observances occur; a place where there is an ongoing parade, demonstration, or rally; or any courthouse. For the purposes of this subsection, the Secretary of Homeland Security shall promulgate guidance, in the exercise of their discretion, on the physical distance that constitutes in or near a protected area. .
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Sec. 1122
Protecting sensitive locations
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