Protecting Sensitive Locations Act
The Protecting Sensitive Locations Act would modify how immigration enforcement actions are conducted near a broad set of places and activities. It adds a mandatory 1,000-foot protection buffer around “sensitive locations” (such as hospitals, schools, courthouses, polling places, places of worship, many social services sites, and other listed sites) and generally restricts enforcement actions within that zone unless exigent circumstances exist or a narrowly defined exception applies. The bill requires procedural safeguards—like discreet conduct, limited time, and targeting only approved individuals—and creates extensive reporting and training requirements for DHS components (ICE and CBP) and other immigration enforcement personnel. It also imposes penalties for violations (including suppression of evidence) and establishes new oversight and accountability measures through annual agency reports, OIG and civil rights/CRA reports, and potential congressional access to confidential or redacted enforcement details. The act would take effect 90 days after enactment, with rulemaking due within 90 days of enactment. In short, the bill aims to curb immigration enforcement actions at or near sensitive public locations, increase transparency and accountability, and provide protections for access to essential services and participation in civic life, while preserving narrowly defined exceptions for urgent or high-threat situations.
Key Points
- 11,000-foot buffer around sensitive locations: Enforcement actions may not take place, be focused on, or occur within 1,000 feet of a sensitive location unless exigent circumstances exist.
- 2Sensitive locations defined: The list includes hospitals, schools, early childhood programs, child care facilities, disaster relief sites, organizations serving vulnerable populations, places of worship, courthouses, congressional district offices, Social Security and unemployment offices, DMVs, polling places, labor union halls, public libraries, and other sites designated by DHS.
- 3Exigency and discretion safeguards: If exigent circumstances exist, enforcement must cease when those circumstances end until reemergence of exigency; if uncertainty exists, personnel must halt action and consult a supervisor for confirmation of exigent circumstances.
- 4Conduct and targeting rules: When at or near sensitive locations, officers should act discreetly, limit time spent, and narrow enforcement to those individuals for whom prior approval was obtained.
- 5Narrow exceptions: The rule does not apply to the transport of a person for medical care, and there is a rare, premeditated arrest exception for high-threat targets (terrorist suspects or individuals posing extraordinary danger) with prior written approval from an appropriate authorizing official.
- 6Evidence and proceedings: Violations can bar information from entering the record or evidence in related removal proceedings, and the subject can file for immediate termination of the proceeding.
- 7Training and oversight: Annual training required for ICE and CBP leadership and key personnel on compliance with the statute and related sections of immigration law; DHS officials listed are responsible for ensuring their subordinates receive this training.
- 8Reporting requirements: Within 30 days after a sensitive-location enforcement action, DHS must report detailed information to the DHS OIG and the Office for Civil Rights and Civil Liberties, including location, action type, personnel involved, circumstances justifying the action, targets, and any supervisor contact. Congress can request confidential or redacted copies of these reports.
- 9Annual congressional reporting: ICE and CBP must submit annual reports detailing actions at sensitive locations, including counts, locations, targets, outcomes, and whether location administrators were contacted.
- 10Oversight by DHS OIG: The DHS Inspector General must issue annual reports on complaints related to enforcement actions at sensitive locations.
- 11Effective date and rulemaking: The amendment takes effect 90 days after enactment; DHS must promulgate implementing regulations within 90 days of enactment.