I 
116TH CONGRESS 
1ST SESSION H. R. 1011 
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 sensitive locations, and for other pur-
poses. 
IN THE HOUSE OF REPRESENTATIVES 
FEBRUARY 6, 2019 
Mr. ESPAILLAT (for himself, Ms. BONAMICI, Mr. SERRANO, Ms. JAYAPAL, Mr. 
GARCI´A of Illinois, and Mr. BEYER) introduced the following bill; which 
was 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 sensitive locations, and for other purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Protecting Sensitive 
Locations Act’’. 
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SEC. 2. POWERS OF IMMIGRATION OFFICERS AND EMPLOY-
EES AT SENSITIVE LOCATIONS. 
Section 287 of the Immigration and Nationality Act 
(8 U.S.C. 1357) is amended by adding at the end the fol-
lowing: 
‘‘(i)(1) In order to ensure individuals’ access to sen-
sitive locations, this subsection shall apply to any enforce-
ment action by— 
‘‘(A) officers or agents of the Department of 
Homeland Security, including officers and agents of 
U.S. Immigration and Customs Enforcement and 
U.S. Customs and Border Protection; and 
‘‘(B) any individual designated to perform im-
migration enforcement functions pursuant to sub-
section (g). 
‘‘(2)(A) An enforcement action may not take place 
at, be focused on, or occur within, 1,000 feet of, a sensitive 
location, except— 
‘‘(i) under exigent circumstances; and 
‘‘(ii) if prior approval is obtained. 
‘‘(B) If an enforcement action is taking place under 
exigent circumstances, and the exigent circumstances per-
mitting the enforcement action cease, the enforcement ac-
tion shall be discontinued until such exigent circumstances 
reemerge. 
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‘‘(3)(A) When proceeding with an enforcement action 
at or near a sensitive location, individuals referred to in 
subparagraphs (A) and (B) of paragraph (1) shall make 
every effort— 
‘‘(i) to conduct themselves as discreetly as pos-
sible, consistent with officer and public safety; 
‘‘(ii) to limit the time spent at the sensitive lo-
cation; and 
‘‘(iii) to limit the enforcement action to the per-
son or persons for whom prior approval was ob-
tained. 
‘‘(B) If, in the course of an enforcement action that 
is not initiated at or focused on a sensitive location, indi-
viduals referred to in subparagraphs (A) and (B) of para-
graph (1) are led to or near a sensitive location, and no 
exigent circumstance and prior approval with respect to 
the sensitive location exists, such individuals shall— 
‘‘(i) cease before taking any further enforce-
ment action; 
‘‘(ii) conduct themselves in a discreet manner; 
‘‘(iii) maintain surveillance; and 
‘‘(iv) immediately consult their supervisor in 
order to determine whether such enforcement action 
should be discontinued. 
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‘‘(C) This section shall not apply to the transpor-
tation 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 care. 
‘‘(4) If an enforcement action is carried out in viola-
tion of this subsection— 
‘‘(A) no information resulting from the enforce-
ment action may be entered into the record or re-
ceived into evidence in a removal proceeding result-
ing from the enforcement action; and 
‘‘(B) the alien who is the subject of such re-
moval proceeding may file a motion for the imme-
diate termination of the removal proceeding. 
‘‘(5)(A) Each official specified in subparagraph (B) 
shall ensure that the employees under the supervision of 
such official receive annual training in compliance with the 
requirements of this subsection and section 239 of this 
Act and section 384 of the Illegal Immigration Reform 
and Immigrant Responsibility Act of 1996 (8 U.S.C. 
1367). 
‘‘(B) The officials specified in this subparagraph are 
the following: 
‘‘(i) The Chief Counsel of U.S. Immigration 
and Customs Enforcement. 
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‘‘(ii) The number of enforcement actions where 
officers or agents were subsequently led to or near 
a sensitive location. 
‘‘(iii) The date, site, State, and local political 
subdivision (such as city, town, or county) in which 
each enforcement action covered by clause (i) or (ii) 
occurred. 
‘‘(iv) The component of the agency responsible 
for each such enforcement action. 
‘‘(v) A description of the intended target of 
each such enforcement action. 
‘‘(vi) The number of individuals, if any, ar-
rested or taken into custody through each such en-
forcement action. 
‘‘(vii) The number of collateral arrests, if any, 
from each such enforcement action and the reasons 
for each such arrest. 
‘‘(viii) A certification of whether the location 
administrator was contacted prior to, during, or 
after each such enforcement action. 
‘‘(7) In this subsection: 
‘‘(A) The term ‘appropriate committees of Con-
gress’ means— 
‘‘(i) the Committee on Homeland Security 
and Governmental Affairs of the Senate; 
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‘‘(ii) the Committee on the Judiciary of the 
Senate; 
‘‘(iii) the Committee on Homeland Security 
of the House of Representatives; 
‘‘(iv) the Committee on the Judiciary of 
the House of Representatives; 
‘‘(v) the Committee on Appropriations of 
the House of Representatives; and 
‘‘(vi) the Committee on Appropriations of 
the Senate. 
‘‘(B) The term ‘early childhood education pro-
gram’ has the meaning given the term under section 
103 of the Higher Education Act of 1965 (20 
U.S.C. 1003). 
‘‘(C) The term ‘enforcement action’ means an 
arrest, interview, search, or surveillance for the pur-
poses of immigration enforcement, and includes an 
enforcement action at, or focused on, a sensitive lo-
cation that is part of a joint case led by another law 
enforcement agency. 
‘‘(D) The term ‘exigent circumstances’ means a 
situation involving the following: 
‘‘(i) The imminent risk of death, violence, 
or physical harm to any person, including a sit-
uation implicating terrorism or the national se-
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curity of the United States in some other man-
ner. 
‘‘(ii) The immediate arrest or pursuit of a 
dangerous felon, terrorist suspect, or other indi-
vidual presenting an imminent danger or public 
safety risk. 
‘‘(iii) The imminent risk of destruction of 
evidence that is material to an ongoing criminal 
case. 
‘‘(E) The term ‘prior approval’ means the fol-
lowing: 
‘‘(i) In the case of officers and agents of 
U.S. Immigration and Customs Enforcement, 
prior written approval for a specific, targeted 
operation from one of the following officials: 
‘‘(I) The Assistant Director of Oper-
ations, Homeland Security Investigations. 
‘‘(II) The Executive Associate Direc-
tor of Homeland Security Investigations. 
‘‘(III) The Assistant Director for 
Field Operations, Enforcement, and Re-
moval Operations. 
‘‘(IV) The Executive Associate Direc-
tor for Field Operations, Enforcement, and 
Removal Operations. 
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‘‘(ii) In the case of officers and agents of 
U.S. Customs and Border Protection, prior 
written approval for a specific, targeted oper-
ation from one of the following officials: 
‘‘(I) A Chief Patrol Agent. 
‘‘(II) The Director of Field Oper-
ations. 
‘‘(III) The Director of Air and Marine 
Operations. 
‘‘(IV) The Internal Affairs Special 
Agent in Charge. 
‘‘(F) The term ‘sensitive location’ includes all of 
the physical space located within 1,000 feet of the 
following: 
‘‘(i) Any medical treatment or health care 
facility, including any hospital, doctor’s office, 
accredited health clinic, or emergent or urgent 
care facility, or community health center. 
‘‘(ii) Public and private schools (including 
pre-schools, primary schools, secondary schools, 
and postsecondary schools (including colleges 
and universities)), sites of early childhood edu-
cation programs, other institutions of learning, 
such as vocational or trade schools, and other 
sites where individuals who are unemployed or 
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underemployed may apply for or receive work-
force training. 
‘‘(iii) Any scholastic or education-related 
activity or event, including field trips and inter-
scholastic events. 
‘‘(iv) Any school bus or school bus stop 
during periods when school children are present 
on the bus or at the stop. 
‘‘(v) Locations where emergency services 
providers provide shelter or food. 
‘‘(vi) Locations of any organization that— 
‘‘(I) assists children, pregnant women, 
victims of crime or abuse, or individuals 
with significant mental or physical disabil-
ities, including domestic violence shelters, 
rape crisis centers, supervised visitation 
centers, family justice centers, and victims 
services providers; or 
‘‘(II) provides disaster or emergency 
social services and assistance, or services 
for individuals experiencing homelessness, 
including, food banks and shelters. 
‘‘(vii) Churches, synagogues, mosques, and 
other places of worship, such as buildings 
rented for the purpose of religious services. 
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‘‘(viii) Sites of funerals, weddings, or other 
public religious ceremonies. 
‘‘(ix) Sites during the occurrence of a pub-
lic demonstration, such as a march, rally, or pa-
rade. 
‘‘(x) Any Federal, State, or local court-
house, including the office of an individual’s 
legal counsel or representative, and a probation 
office. 
‘‘(xi) Congressional district offices. 
‘‘(xii) Public assistance offices, including 
locations where individuals may apply for or re-
ceive unemployment compensation or report vio-
lations of labor and employment laws. 
‘‘(xiii) Social Security offices. 
‘‘(xiv) Indoor and outdoor premises of de-
partments of motor vehicles. 
‘‘(xv) Such other locations as the Secretary 
of Homeland Security shall specify for purposes 
of this subsection.’’. 
Æ 
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