II 

116TH CONGRESS 

1ST SESSION S. 2097 

To amend section 287 of the Immigration and Nationality Act to limit 

immigration enforcement actions at sensitive locations, to clarify the 

powers of immigration officers at such locations, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

JULY 11, 2019 

Mr. BLUMENTHAL (for himself, Ms. HIRONO, Ms. HARRIS, Mr. MARKEY, Mr. 

WYDEN, Ms. DUCKWORTH, Mr. SCHATZ, Ms. KLOBUCHAR, Mrs. MURRAY, Ms. WARREN, Mr. KAINE, Mr. MURPHY, Mr. MERKLEY, Mrs. 

GILLIBRAND, Ms. CORTEZ MASTO, and Mr. BENNET) introduced the following bill; which was read twice and referred to the Committee on the 

Judiciary 

A BILL 

To amend section 287 of the Immigration and Nationality 

Act to limit immigration enforcement actions at sensitive 

locations, to clarify the powers of immigration officers 

at such locations, 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 ‘‘Protecting Sensitive 

5 Locations Act’’. 


kjohnson on DSK79L0C42 with BILLS
2 

•S 2097 IS

1 SEC. 2. POWERS OF IMMIGRATION OFFICERS AND EMPLOY2 EES AT SENSITIVE LOCATIONS. 

3 Section 287 of the Immigration and Nationality Act 

4 (8 U.S.C. 1357) is amended by adding at the end the fol5 lowing: 

6 ‘‘(i)(1) In this subsection: 

7 ‘‘(A) The term ‘appropriate committees of Con8 gress’ means— 

9 ‘‘(i) the Committee on Appropriations of 

10 the Senate; 

11 ‘‘(ii) the Committee on Homeland Security 

12 and Governmental Affairs of the Senate; 

13 ‘‘(iii) the Committee on the Judiciary of 

14 the Senate; 

15 ‘‘(iv) the Committee on Appropriations of 

16 the House of Representatives; 

17 ‘‘(v) the Committee on Homeland Security 

18 of the House of Representatives; and 

19 ‘‘(vi) the Committee on the Judiciary of 

20 the House of Representatives. 

21 ‘‘(B) The term ‘early childhood education pro22 gram’ has the meaning given the term under section 

23 103 of the Higher Education Act of 1965 (20 

24 U.S.C. 1003). 

25 ‘‘(C) The term ‘enforcement action’— 


kjohnson on DSK79L0C42 with BILLS
3 

•S 2097 IS

1 ‘‘(i) means an apprehension, arrest, inter2 view, request for identification, search, or sur3 veillance for the purposes of immigration en4 forcement; and 

5 ‘‘(ii) includes an enforcement action at, or 

6 focused on, a sensitive location that is part of 

7 a joint case led by another law enforcement 

8 agency. 

9 ‘‘(D) The term ‘exigent circumstances’ means a 

10 situation involving— 

11 ‘‘(i) the imminent risk of death, violence, 

12 or physical harm to any person or property, in13 cluding a situation implicating terrorism or the 

14 national security of the United States; 

15 ‘‘(ii) the immediate arrest or pursuit of a 

16 dangerous felon, terrorist suspect, or other indi17 vidual presenting an imminent danger; or 

18 ‘‘(iii) the imminent risk of destruction of 

19 evidence that is material to an ongoing criminal 

20 case. 

21 ‘‘(E) The term ‘prior approval’ means— 

22 ‘‘(i) in the case of officers and agents of 

23 U.S. Immigration and Customs Enforcement, 

24 prior written approval to carry out an enforceVerDate Sep 11 2014 03:13 Jul 17, 2019 Jkt 089200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\S2097.IS S2097

kjohnson on DSK79L0C42 with BILLS
4 

•S 2097 IS

1 ment action involving a specific individual or in2 dividuals authorized by— 

3 ‘‘(I) the Assistant Director of Oper4 ations, Homeland Security Investigations; 

5 ‘‘(II) the Executive Associate Director 

6 of Homeland Security Investigations; 

7 ‘‘(III) the Assistant Director for Field 

8 Operations, Enforcement and Removal Op9 erations; or 

10 ‘‘(IV) the Executive Associate Direc11 tor for Field Operations, Enforcement and 

12 Removal Operations; 

13 ‘‘(ii) in the case of officers and agents of 

14 U.S. Customs and Border Protection, prior 

15 written approval to carry out an enforcement 

16 action involving a specific individual or individ17 uals authorized by— 

18 ‘‘(I) a Chief Patrol Agent; 

19 ‘‘(II) the Director of Field Operations; 

20 ‘‘(III) the Director of Air and Marine 

21 Operations; or 

22 ‘‘(IV) the Internal Affairs Special 

23 Agent in Charge; and 

24 ‘‘(iii) in the case of other Federal, State, 

25 or local law enforcement officers, to carry out 


kjohnson on DSK79L0C42 with BILLS
5 

•S 2097 IS

1 an enforcement action involving a specific indi2 vidual or individuals authorized by— 

3 ‘‘(I) the head of the Federal agency 

4 carrying out the enforcement action; or 

5 ‘‘(II) the head of the State or local 

6 law enforcement agency carrying out the 

7 enforcement action. 

8 ‘‘(F) The term ‘sensitive location’ includes all of 

9 the physical space located within 1,000 feet of— 

10 ‘‘(i) any medical treatment or health care 

11 facility, including any hospital, health care 

12 practitioner’s office, accredited health clinic, al13 cohol or drug treatment center, emergent or ur14 gent care facility, or community health center; 

15 ‘‘(ii) public and private schools (including 

16 preschools, primary schools, secondary schools, 

17 and postsecondary schools (including colleges 

18 and universities), sites of early childhood edu19 cation program facility, sites of after school 

20 programs, other institutions of learning (includ21 ing vocational or trade schools), or other site at 

22 which individuals who are unemployed or under23 employed may apply for or receive workforce 

24 training; 


kjohnson on DSK79L0C42 with BILLS
6 

•S 2097 IS

1 ‘‘(iii) any scholastic or education-related 

2 activity or event, including field trips and inter3 scholastic events; 

4 ‘‘(iv) any school bus or school bus stop 

5 during periods when school children are present 

6 on the bus or at the stop; 

7 ‘‘(v) a location at which emergency service 

8 providers distribute food or provide shelter; 

9 ‘‘(vi) any organization that— 

10 ‘‘(I) assists children, pregnant women, 

11 victims of crime or abuse, or individuals 

12 with significant mental or physical disabil13 ities; or 

14 ‘‘(II) provides— 

15 ‘‘(aa) disaster or emergency so16 cial services and assistance; or 

17 ‘‘(bb) services for individuals ex18 periencing homelessness, including 

19 food banks and shelters; 

20 ‘‘(vii) any church, synagogue, mosque, or 

21 other place of worship, including buildings 

22 rented for the purpose of religious services, re23 treats, counseling, workshops, instruction, and 

24 education; 


kjohnson on DSK79L0C42 with BILLS
7 

•S 2097 IS

1 ‘‘(viii) any Federal, State, or local court2 house, including the office of an individual’s 

3 legal counsel or representative, and a probation, 

4 parole, or supervised release office; 

5 ‘‘(ix) the site of a funeral, wedding, or 

6 other religious ceremony or observance; 

7 ‘‘(x) any public demonstration, such as a 

8 march, rally, or parade; 

9 ‘‘(xi) any domestic violence shelter, rape 

10 crisis center, supervised visitation center, family 

11 justice center, or victim services provider; 

12 ‘‘(xii) any congressional district office; 

13 ‘‘(xiii) any public assistance office, includ14 ing Federal, State, and municipal locations at 

15 which individuals may apply for or receive un16 employment compensation or report violations 

17 of labor and employment laws; 

18 ‘‘(xiv) any office of the Social Security Ad19 ministration; 

20 ‘‘(xv) any indoor or outdoor premises of a 

21 State Department of Motor Vehicles; 

22 ‘‘(xvi) any public library; or 

23 ‘‘(xvii) any other location specified by the 

24 Secretary of Homeland Security for purposes of 

25 this subsection. 


kjohnson on DSK79L0C42 with BILLS
8 

•S 2097 IS

1 ‘‘(2)(A) An enforcement action may not take place 

2 at, or be focused on, a sensitive location unless— 

3 ‘‘(i) the action involves exigent circumstances; 

4 or 

5 ‘‘(ii) prior approval for the enforcement action 

6 was obtained from the appropriate official. 

7 ‘‘(B) If an enforcement action is initiated pursuant 

8 to subparagraph (A) and the exigent circumstances per9 mitting the enforcement action cease, the enforcement ac10 tion shall be discontinued until such exigent circumstances 

11 reemerge. 

12 ‘‘(C) If an enforcement action is carried out in viola13 tion of this subsection— 

14 ‘‘(i) no information resulting from the enforce15 ment action may be entered into the record or re16 ceived into evidence in a removal proceeding result17 ing from the enforcement action; and 

18 ‘‘(ii) the alien who is the subject of such re19 moval proceeding may file a motion for the imme20 diate termination of the removal proceeding. 

21 ‘‘(3)(A) This subsection shall apply to any enforce22 ment action by officers or agents of the Department of 

23 Homeland Security, including— 

24 ‘‘(i) officers or agents of U.S. Immigration and 

25 Customs Enforcement; 


kjohnson on DSK79L0C42 with BILLS
9 

•S 2097 IS

1 ‘‘(ii) officers or agents of U.S. Customs and 

2 Border Protection; and 

3 ‘‘(iii) any individual designated to perform im4 migration enforcement functions pursuant to sub5 section (g). 

6 ‘‘(B) While carrying out an enforcement action at a 

7 sensitive location, officers and agents referred to in sub8 paragraph (A) shall make every effort— 

9 ‘‘(i) to limit the time spent at the sensitive loca10 tion; 

11 ‘‘(ii) to limit the enforcement action at the sen12 sitive location to the person or persons for whom 

13 prior approval was obtained; and 

14 ‘‘(iii) to conduct themselves as discreetly as pos15 sible, consistent with officer and public safety. 

16 ‘‘(C) If, while carrying out an enforcement action 

17 that is not initiated at or focused on a sensitive location, 

18 officers or agents are led to a sensitive location, and no 

19 exigent circumstance and prior approval with respect to 

20 the sensitive location exists, such officers or agents shall— 

21 ‘‘(i) cease before taking any further enforce22 ment action; 

23 ‘‘(ii) conduct themselves in a discreet manner; 

24 ‘‘(iii) maintain surveillance; and 


kjohnson on DSK79L0C42 with BILLS
10 

•S 2097 IS

1 ‘‘(iv) immediately consult their supervisor in 

2 order to determine whether such enforcement action 

3 should be discontinued. 

4 ‘‘(D) The limitations under this paragraph shall not 

5 apply to the transportation of an individual apprehended 

6 at or near a land or sea border to a hospital or health 

7 care provider for the purpose of providing medical care 

8 to such individual. 

9 ‘‘(4)(A) Each official specified in subparagraph (B) 

10 shall ensure that the employees under his or her super11 vision receive annual training on compliance with— 

12 ‘‘(i) the requirements under this subsection in 

13 enforcement actions at or focused on sensitive loca14 tions and enforcement actions that lead officers or 

15 agents to a sensitive location; and 

16 ‘‘(ii) the requirements under section 239 of this 

17 Act and section 384 of the Illegal Immigration Re18 form and Immigrant Responsibility Act of 1996 (8 

19 U.S.C. 1367). 

20 ‘‘(B) The officials specified in this subparagraph 

21 are— 

22 ‘‘(i) the Chief Counsel of U.S. Immigration and 

23 Customs Enforcement; 

24 ‘‘(ii) the Field Office Directors of U.S. Immi25 gration and Customs Enforcement; 


kjohnson on DSK79L0C42 with BILLS
11 

•S 2097 IS

1 ‘‘(iii) each Special Agent in Charge of U.S. Im2 migration and Customs Enforcement; 

3 ‘‘(iv) each Chief Patrol Agent of U.S. Customs 

4 and Border Protection; 

5 ‘‘(v) the Director of Field Operations of U.S. 

6 Customs and Border Protection; 

7 ‘‘(vi) the Director of Air and Marine Operations 

8 of U.S. Customs and Border Protection; 

9 ‘‘(vii) the Internal Affairs Special Agent in 

10 Charge of U.S. Customs and Border Protection; and 

11 ‘‘(viii) the chief law enforcement officer of each 

12 State or local law enforcement agency that enters 

13 into a written agreement with the Department of 

14 Homeland Security pursuant to subsection (g). 

15 ‘‘(5) The Secretary of Homeland Security shall mod16 ify the Notice to Appear form (I–862)— 

17 ‘‘(A) to provide the subjects of an enforcement 

18 action with information, written in plain language, 

19 summarizing the restrictions against enforcement 

20 actions at sensitive locations set forth in this sub21 section and the remedies available to the alien if 

22 such action violates such restrictions; 

23 ‘‘(B) so that the information described in sub24 paragraph (A) is accessible to individuals with lim25 ited English proficiency; and 


kjohnson on DSK79L0C42 with BILLS
12 

•S 2097 IS

1 ‘‘(C) so that subjects of an enforcement action 

2 are not permitted to verify that the officers or 

3 agents that carried out such action complied with 

4 the restrictions set forth in this subsection. 

5 ‘‘(6)(A) The Director of U.S. Immigration and Cus6 toms Enforcement and the Commissioner of U.S. Customs 

7 and Border Protection shall each submit an annual report 

8 to the appropriate committees of Congress that includes 

9 the information set forth in subparagraph (B) with respect 

10 to the respective agency. 

11 ‘‘(B) Each report submitted under subparagraph (A) 

12 shall include, with respect to the submitting agency during 

13 the reporting period— 

14 ‘‘(i) the number of enforcement actions that 

15 were carried out at, or focused on, a sensitive loca16 tion; 

17 ‘‘(ii) the number of enforcement actions in 

18 which officers or agents were subsequently led to a 

19 sensitive location; and 

20 ‘‘(iii) for each enforcement action described in 

21 clause (i) or (ii)— 

22 ‘‘(I) the date on which it occurred; 

23 ‘‘(II) the specific site, city, county, and 

24 State in which it occurred; 


kjohnson on DSK79L0C42 with BILLS
13 

•S 2097 IS

1 ‘‘(III) the components of the agency and 

2 the names of the agents involved in the enforce3 ment action; 

4 ‘‘(IV) whether the enforcement action took 

5 place with prior approval or if the enforcement 

6 action was the result of exigent circumstances, 

7 and— 

8 ‘‘(aa) if prior approval was granted, 

9 documentation confirming conditions of ap10 proval; or 

11 ‘‘(bb) if under exigent circumstances, 

12 a description of those circumstances; 

13 ‘‘(V) a description of the enforcement ac14 tion, including the nature of the criminal activ15 ity of its intended target; 

16 ‘‘(VI) the number of individuals, if any, ar17 rested or taken into custody; 

18 ‘‘(VII) the number of collateral arrests, if 

19 any, and the reasons for each such arrest; 

20 ‘‘(VIII) a certification whether the location 

21 administrator was contacted before, during, or 

22 after the enforcement action; and 

23 ‘‘(IX) the percentage of all of the staff 

24 members and supervisors reporting to the offiVerDate Sep 11 2014 03:13 Jul 17, 2019 Jkt 089200 PO 00000 Frm 00013 Fmt 6652 Sfmt 6201 E:\BILLS\S2097.IS S2097

kjohnson on DSK79L0C42 with BILLS
14 

•S 2097 IS

1 cials listed in paragraph (4)(B) who completed 

2 the training required under paragraph (4)(A). 

3 ‘‘(7) Nothing in the subsection may be construed— 

4 ‘‘(A) to affect the authority of Federal, State, 

5 or local law enforcement agencies— 

6 ‘‘(i) to enforce generally applicable Federal 

7 or State criminal laws unrelated to immigra8 tion; or 

9 ‘‘(ii) to protect residents from imminent 

10 threats to public safety; or 

11 ‘‘(B) to limit or override the protections pro12 vided in— 

13 ‘‘(i) section 239; or 

14 ‘‘(ii) section 384 of the Illegal Immigration 

15 Reform and Immigrant Responsibility Act of 

16 1996 (8 U.S.C. 1367).’’. 

Æ 


kjohnson on DSK79L0C42 with BILLS