I 

116TH CONGRESS 

1ST SESSION H. R. 4718 

To restrict the enforcement of the immigration laws at polling places, and 

for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

OCTOBER 17, 2019 

Ms. GARCIA of Texas (for herself, Ms. NORTON, Ms. ESCOBAR, Ms. JACKSON

LEE, Mr. VELA, Mr. CISNEROS, Ms. HAALAND, Mr. EVANS, and Ms. 

BARRAGA ́N) introduced the following bill; which was referred to the Committee on the Judiciary, and in addition to the Committees on Homeland 

Security, and House Administration, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions 

as fall within the jurisdiction of the committee concerned 

A BILL 

To restrict the enforcement of the immigration laws at 

polling places, and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Polling Access Safety 

5 Act of 2019’’. 

6 SEC. 2. RESTRICTION OF ENFORCEMENT OF THE IMMIGRA7 TION LAWS AT POLLING PLACES. 

8 (a) IN GENERAL.— 


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1 (1) RESTRICTION ON ENFORCEMENT AC2 TIONS.—An enforcement action may not take place 

3 within one mile of a polling place on a voting day 

4 except under exigent circumstances. 

5 (2) APPLICATION.—This subsection shall apply 

6 to any enforcement action by a covered officer or 

7 employee of the Department of Homeland Security. 

8 (b) ID CHECKS PROHIBITED.—No officer or em9 ployee of the Federal Government may request any form 

10 of identification from an individual at a polling place on 

11 a voting day, except in exigent circumstances. 

12 (c) NOTICE.—The chief election administrator of 

13 each State shall ensure that a notice of the prohibition 

14 under subsection (a) is posted in a prominent location at 

15 each polling place on a voting day. Such notice shall be 

16 in English, Spanish, and any other language that is preva17 lent in the community of the polling place. 

18 SEC. 3. RESTRICTION ON ENFORCEMENT OF THE IMMIGRA19 TION LAWS ON VOTING DAYS. 

20 (a) IN GENERAL.—No officer or employee of the De21 partment of Homeland Security may engage in any of the 

22 following activities on a voting day, except in exigent cir23 cumstances: 

24 (1) Temporary vehicle checkpoints. 

25 (2) Searches of public transportation. 


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1 (3) Public training exercises. 

2 (b) DESCRIPTION OF EXIGENT CIRCUMSTANCES.— 

3 Not later than 30 days after any enforcement action is 

4 taken by an officer or employee of the Department of 

5 Homeland Security on a voting day as a result of exigent 

6 circumstances, the Secretary of Homeland Security shall 

7 provide to each of the following a report containing a de8 scription of the circumstances requiring immediate en9 forcement action on a voting day: 

10 (1) The Office of Inspector General of the De11 partment of Homeland Security. 

12 (2) The Office for Civil Rights and Civil Lib13 erties of the Department of Homeland Security. 

14 (3) The Committee on Homeland Security of 

15 the House of Representatives. 

16 (4) The Committee on Homeland Security and 

17 Governmental Affairs of the Senate. 

18 (5) The Committees on the Judiciary of the 

19 House of Representatives and the Senate. 

20 (6) The Office of the Special Counsel. 

21 SEC. 4. RESTRICTION ON THE USE OF IMMIGRATION IN22 FORMATION OBTAINED ON VOTING DAYS. 

23 No information obtained in violation of section 2 or 

24 3 may be used to initiate deportation proceedings. 


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1 SEC. 5. PENALTIES. 

2 An officer or employee of the Federal Government 

3 who knowingly violates section 2 or 3 shall be subject to 

4 a civil money penalty of not less than $5,000 and not more 

5 than $10,000. 

6 SEC. 6. ADDITIONAL PERSONNEL. 

7 (a) IN GENERAL.—There are established 3 positions 

8 within the competitive service in the Office of Inspector 

9 General of the Department of Homeland Security, the Of10 fice for Civil Rights and Civil Liberties of the Department 

11 of Homeland Security, and the Office of the Special Coun12 sel (established under section 1211 of title 5, United 

13 States Code). The duties of such positions shall consist 

14 of monitoring and ensuring compliance with the require15 ments of this Act. 

16 (b) HATCH ACT TRAINING.—The Secretary of Home17 land Security shall establish a training program for cov18 ered officers and employees of the Department of Home19 land Security on compliance with the requirements of sub20 chapter III of chapter 73 of title 5, United States Code 

21 (commonly referred to as the ‘‘Hatch Act’’). Training 

22 under such program shall be required to be completed an23 nually for each such employee. 

24 SEC. 7. DEFINITIONS. 

25 In this Act: 


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1 (1) The term ‘‘covered officer or employee of 

2 the Department of Homeland Security’’ means— 

3 (A) an officer or agent of the Department 

4 of Homeland Security, including an officer or 

5 agent of U.S. Immigration and Customs En6 forcement and U.S. Customs and Border Pro7 tection; and 

8 (B) any individual designated to perform 

9 immigration enforcement functions pursuant to 

10 section 287(g) of the Immigration and Nation11 ality Act. 

12 (2) The term ‘‘election’’ has the meaning given 

13 the term in section 301(1)(A) of the Federal Elec14 tion Campaign Act of 1971 (52 U.S.C. 

15 30101(1)(A)). 

16 (3) The term ‘‘immigration laws’’ has the 

17 meaning given the term in section 101 of the Immi18 gration and Nationality Act (8 U.S.C. 1101). 

19 (4) The term ‘‘voting day’’ means any day on 

20 which a polling place is open for voting in a Federal 

21 election, including early voting. 

22 (5) The term ‘‘exigent circumstances’’ means a 

23 situation involving— 

24 (A) the imminent risk of death, violence, or 

25 physical harm to any person, including a situaVerDate Sep 11 2014 21:41 Oct 23, 2019 Jkt 099200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H4718.IH H4718

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1 tion implicating terrorism or the national secu2 rity of the United States in some other manner; 

3 (B) the immediate arrest or pursuit of a 

4 dangerous felon, terrorist suspect, or other indi5 vidual presenting an imminent danger or public 

6 safety risk; or 

7 (C) the imminent risk of destruction of evi8 dence that is material to an ongoing criminal 

9 case. 

10 (6) The term ‘‘enforcement action’’ means an 

11 arrest, interview, search, or surveillance for the pur12 poses of immigration enforcement, and includes an 

13 enforcement action at, or focused on, a sensitive lo14 cation that is part of a joint case led by another law 

15 enforcement agency. 

Æ 


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