Title: Polling Access Safety Act of 2019
Policy area: Immigration

Summary:
Polling Access Safety Act of 2019
This bill limits immigration enforcement in relation to polling places and establishes various requirements related to the Department of Homeland Security (DHS).
Absent exigent circumstances, the following are prohibited on a voting day: (1) immigration enforcement actions within one mile of a polling place; (2) identification checks at a polling place by a federal officer or employee; and (3) DHS-conducted temporary vehicle checkpoints, public transportation searches, and public training exercises.
State election administrations shall post notice of such prohibitions at each polling place on a voting day. Information acquired in violation of such prohibitions may not be used to initiate deportation proceedings.
DHS shall establish a training program for certain officers and employees on compliance with federal laws limiting certain political activities of federal employees and officers (e.g., the Hatch Act).
The bill establishes three positions to monitor and ensure compliance with the bill. These positions shall be within the DHS Office of Inspector General, the DHS Office for Civil Rights and Civil Liberties, and the Office of Special Counsel.


[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4718 Introduced in House (IH)]

<DOC>






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. Barragan) 
 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.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Polling Access Safety Act of 2019''.

SEC. 2. RESTRICTION OF ENFORCEMENT OF THE IMMIGRATION LAWS AT POLLING 
              PLACES.

    (a) In General.--
            (1) Restriction on enforcement actions.--An enforcement 
        action may not take place within one mile of a polling place on 
        a voting day except under exigent circumstances.
            (2) Application.--This subsection shall apply to any 
        enforcement action by a covered officer or employee of the 
        Department of Homeland Security.
    (b) ID Checks Prohibited.--No officer or employee of the Federal 
Government may request any form of identification from an individual at 
a polling place on a voting day, except in exigent circumstances.
    (c) Notice.--The chief election administrator of each State shall 
ensure that a notice of the prohibition under subsection (a) is posted 
in a prominent location at each polling place on a voting day. Such 
notice shall be in English, Spanish, and any other language that is 
prevalent in the community of the polling place.

SEC. 3. RESTRICTION ON ENFORCEMENT OF THE IMMIGRATION LAWS ON VOTING 
              DAYS.

    (a) In General.--No officer or employee of the Department of 
Homeland Security may engage in any of the following activities on a 
voting day, except in exigent circumstances:
            (1) Temporary vehicle checkpoints.
            (2) Searches of public transportation.
            (3) Public training exercises.
    (b) Description of Exigent Circumstances.--Not later than 30 days 
after any enforcement action is taken by an officer or employee of the 
Department of Homeland Security on a voting day as a result of exigent 
circumstances, the Secretary of Homeland Security shall provide to each 
of the following a report containing a description of the circumstances 
requiring immediate enforcement action on a voting day:
            (1) The Office of Inspector General of the Department of 
        Homeland Security.
            (2) The Office for Civil Rights and Civil Liberties of the 
        Department of Homeland Security.
            (3) The Committee on Homeland Security of the House of 
        Representatives.
            (4) The Committee on Homeland Security and Governmental 
        Affairs of the Senate.
            (5) The Committees on the Judiciary of the House of 
        Representatives and the Senate.
            (6) The Office of the Special Counsel.

SEC. 4. RESTRICTION ON THE USE OF IMMIGRATION INFORMATION OBTAINED ON 
              VOTING DAYS.

    No information obtained in violation of section 2 or 3 may be used 
to initiate deportation proceedings.

SEC. 5. PENALTIES.

    An officer or employee of the Federal Government who knowingly 
violates section 2 or 3 shall be subject to a civil money penalty of 
not less than $5,000 and not more than $10,000.

SEC. 6. ADDITIONAL PERSONNEL.

    (a) In General.--There are established 3 positions within the 
competitive service in the Office of Inspector General of the 
Department of Homeland Security, the Office for Civil Rights and Civil 
Liberties of the Department of Homeland Security, and the Office of the 
Special Counsel (established under section 1211 of title 5, United 
States Code). The duties of such positions shall consist of monitoring 
and ensuring compliance with the requirements of this Act.
    (b) Hatch Act Training.--The Secretary of Homeland Security shall 
establish a training program for covered officers and employees of the 
Department of Homeland Security on compliance with the requirements of 
subchapter III of chapter 73 of title 5, United States Code (commonly 
referred to as the ``Hatch Act''). Training under such program shall be 
required to be completed annually for each such employee.

SEC. 7. DEFINITIONS.

    In this Act:
            (1) The term ``covered officer or employee of the 
        Department of Homeland Security'' means--
                    (A) an officer or agent of the Department of 
                Homeland Security, including an officer or agent of 
                U.S. Immigration and Customs Enforcement and U.S. 
                Customs and Border Protection; and
                    (B) any individual designated to perform 
                immigration enforcement functions pursuant to section 
                287(g) of the Immigration and Nationality Act.
            (2) The term ``election'' has the meaning given the term in 
        section 301(1)(A) of the Federal Election Campaign Act of 1971 
        (52 U.S.C. 30101(1)(A)).
            (3) The term ``immigration laws'' has the meaning given the 
        term in section 101 of the Immigration and Nationality Act (8 
        U.S.C. 1101).
            (4) The term ``voting day'' means any day on which a 
        polling place is open for voting in a Federal election, 
        including early voting.
            (5) The term ``exigent circumstances'' means a situation 
        involving--
                    (A) the imminent risk of death, violence, or 
                physical harm to any person, including a situation 
                implicating terrorism or the national security of the 
                United States in some other manner;
                    (B) the immediate arrest or pursuit of a dangerous 
                felon, terrorist suspect, or other individual 
                presenting an imminent danger or public safety risk; or
                    (C) the imminent risk of destruction of evidence 
                that is material to an ongoing criminal case.
            (6) The term ``enforcement action'' means an arrest, 
        interview, search, or surveillance for the purposes of 
        immigration enforcement, and includes an enforcement action at, 
        or focused on, a sensitive location that is part of a joint 
        case led by another law enforcement agency.
                                 <all>