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HR 35119th CongressIn Committee

Agent Raul Gonzalez Officer Safety Act

Introduced: Jan 3, 2025
Standard Summary
Comprehensive overview in 1-2 paragraphs

The Agent Raul Gonzalez Officer Safety Act would create a new federal crime under 18 U.S.C. to punish someone who, while operating a motor vehicle within 100 miles of the U.S. border, intentionally flees from a pursuing law enforcement officer (specifically a U.S. Border Patrol agent acting lawfully, or any pursuing federal, state, or local officer under the Border Patrol’s command). The offense carries escalating penalties: up to 2 years in prison for a basic evasion, 5–20 years if serious bodily injury results, and 10 years to life if a death occurs. The bill also extends immigration consequences to noncitizens convicted of, or admitting to, acts that constitute the elements of the offense: inadmissibility at entry, deportability if already present, and ineligibility for relief (including asylum) under U.S. immigration laws. Additionally, the act requires an annual report by the Attorney General and the Secretary of Homeland Security detailing enforcement statistics and penalties related to the new offense. The bill’s purpose is to deter evading pursuit near the border, enhance officer safety, and address immigration consequences for noncitizens who commit the offense. It expands the federal framework for penalties tied to motor-vehicle evasion and ties immigration status to criminal conduct near the border, plus adds a transparency requirement through annual reporting. Note: The provided document shows the bill’s short title and text, with a line stating it was passed by the House on February 13, 2025, though the top line here also lists the status as Introduced.

Key Points

  • 1Establishes a new criminal offense (Sec. 40B) for evading arrest or detention while operating a motor vehicle within 100 miles of the U.S. border, targeting evasion of pursuing law enforcement including U.S. Border Patrol and affiliated officers.
  • 2Penalties escalate with harm: up to 2 years for basic evasion; 5–20 years if serious bodily injury results; 10 years to life if a death results.
  • 3Immigration consequences: noncitizens convicted of, or admitting to, acts constituting the offense would be inadmissible (barred entry), deportable (subject to removal), and ineligible for relief (including asylum) under immigration laws.
  • 4Annual reporting requirement: the Attorney General and the Secretary of Homeland Security must report to Congress on offenses, charges, apprehensions, penalties sought and imposed, and related data.
  • 5Short title: The act may be cited as the “Agent Raul Gonzalez Officer Safety Act.”

Impact Areas

Primary group/area affected- Individuals operating motor vehicles within 100 miles of the U.S. border who flee from pursuing federal, state, or local law enforcement, and noncitizens who are convicted or admit to the elements of the offense. This also directly affects U.S. Border Patrol and other law enforcement officers who may be involved in pursuits.Secondary group/area affected- Immigration processes and enforcement: noncitizens who commit the offense face inadmissibility, deportability, and loss of relief options such as asylum.- Prosecutors, defense attorneys, and the judiciary: new charging, trial, and sentencing considerations for evasion offenses, including handling of serious bodily injury or death resulting from evasion.- Law enforcement operations near the border: potential changes to pursuit policies, training, and resource allocation given the enhanced penalties and reporting requirements.Additional impacts- Civil liberties and due process considerations: expanding the zone to 100 miles and imposing severe immigration consequences could raise questions about enforcement scope and fairness, especially in high-traffic border areas.- Administrative burden and transparency: annual reporting would require data collection and reporting mechanisms from AG and DHS, informing Congress about enforcement activity and outcomes.- Public safety and deterrence: the bill is framed as a deterrent to dangerous chases and to protect officers, but real-world effects would depend on policing practices, patrol strategies, and prosecutorial discretion.
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