Agent Raul Gonzalez Officer Safety Act
This bill creates a new federal offense criminalizing intentionally fleeing from a pursuing law enforcement officer while operating a motor vehicle within 100 miles of the U.S. border. The offense applies to fleeing from a U.S. Border Patrol agent or any pursuing federal, state, or local officer who is actively assisting or under Border Patrol command. Penalties rise based on outcomes: up to 2 years in prison (or a fine or both) for a basic offense; 5–20 years if serious bodily injury results; and 10 years up to life if death results. The bill also extends immigration consequences to noncitizens: someone convicted of this offense (or who admits to the essential elements) would be inadmissible to the U.S., deportable, and ineligible for relief such as asylum. Additionally, it requires an annual report from the Attorney General (in consultation with the DHS Secretary) detailing charges, apprehensions, penalties, and related data. The act is titled the Agent Raul Gonzalez Officer Safety Act.
Key Points
- 1Creates new federal offense: Evading arrest or detention while operating a motor vehicle, codified as 40B of title 18, within 100 miles of the U.S. border, when the individual intentionally flees from a pursuing Border Patrol agent or from pursuing officers assisting/under Border Patrol command.
- 2Penalty structure:
- 3- General offense: up to 2 years’ imprisonment, fine, or both.
- 4- Serious bodily injury: 5–20 years’ imprisonment (plus fines).
- 5- Death: 10 years’ imprisonment to life (plus fines).
- 6Immigration consequences:
- 7- Inadmissibility: noncitizens convicted of or admitting acts constituting the elements of section 40B(a) would be inadmissible.
- 8- Deportability: noncitizens convicted of or admitting acts constituting the elements would be deportable.
- 9- Ineligibility for relief: such individuals would be ineligible for relief from removal, including asylum.
- 10Annual reporting requirement: The Attorney General (in coordination with the DHS Secretary) must report each year on the number of offenses, charges, apprehensions, non-apprehensions, and penalties sought/imposed.