H.R. 1061 — Protecting Sensitive Locations Act

This section establishes the short title of the Act as the “Protecting Sensitive Locations Act.”

This section revises section 287 of the Immigration and Nationality Act (8 U.S.C. 1357) to restrict immigration enforcement actions at sensitive locations and within 1,000 feet of such locations, except under exigent circumstances. It applies these limits to enforcement actions by Department of Homeland Security officers and agents, including U.S. Immigration and Customs Enforcement and U.S. Customs and Border Protection personnel, as well as individuals performing immigration enforcement functions under section 287(g). The section requires officers to stop an enforcement action if exigent circumstances end, and to halt and consult a supervisor in real time if they are uncertain whether exigent circumstances exist. It also requires officers, when operating at or near a sensitive location, to act discreetly, limit time at the location, and limit the action to the person or persons for whom prior approval was obtained. If officers are drawn to or near a sensitive location during an unrelated enforcement action and no clear exigent circumstance exists, they must cease further action, maintain surveillance, and consult a supervisor if uncertainty remains. The section excludes from these limits the transportation of an apprehended individual at or near a land or sea border to a hospital or health care provider for medical care, and a rare premeditated arrest operation with prior written approval targeting a terrorist suspect, a person posing a clear threat to national security, or a person posing an extraordinary danger to public safety. It also provides that evidence obtained in violation of the subsection may not be entered into the record or received into evidence in a resulting removal proceeding, and allows the noncitizen to move for immediate termination of that proceeding. The section further requires annual training for specified U.S. Immigration and Customs Enforcement and U.S. Customs and Border Protection officials on compliance with the new sensitive-locations rules, section 239, and section 384 of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (8 U.S.C. 1367). It also requires the Secretary of Homeland Security to report, within 30 days after any sensitive-location enforcement action, detailed information about the action to the Department of Homeland Security Office of Inspector General and Office for Civil Rights and Civil Liberties.