The "Protecting Sensitive Locations Act" restricts immigration enforcement actions at sensitive locations like schools and places of worship, requiring discretion and oversight.
Adriano Espaillat
Representative
NY-13
The "Protecting Sensitive Locations Act" amends the Immigration and Nationality Act to restrict immigration enforcement actions within 1,000 feet of sensitive locations like schools, hospitals, and places of worship, except in exigent circumstances. It mandates training, reporting, and oversight for enforcement activities near these locations, and invalidates evidence obtained in violation of the Act. The Act aims to ensure discretion and limit enforcement impact on sensitive community spaces, while also requiring annual reports to Congress on enforcement actions taken in sensitive locations.
The "Protecting Sensitive Locations Act" is stepping in to shield places like schools, hospitals, and places of worship from immigration enforcement. Essentially, it puts a 1,000-foot buffer zone around these 'sensitive locations,' limiting where Department of Homeland Security officers can operate.
This bill, effective 90 days after enactment, aims to create safer spaces for everyone, regardless of immigration status. It means that folks can seek medical care, attend school, or practice their faith without the fear of immigration enforcement actions. The law explicitly states that officers must "limit the time of the action to the time reasonably necessary to complete the action related to the approved target." (SEC. 2 (a)(1)(C)(ii)).
Imagine a parent who needs to pick up their child from school or a person needing urgent medical attention. Under this act, they shouldn't have to worry about encountering immigration enforcement. There are exceptions, of course, for 'exigent circumstances' – things like immediate threats. But even then, officers need to consult with supervisors and act discreetly. If officers are uncertain whether a situation qualifies as an "exigent circumstance", the officers "shall immediately consult with a supervisor." (SEC. 2 (a)(1)(B)).
For example, if ICE were to conduct an operation near a hospital that is not pre-approved, they must ensure that their actions are focused and time-limited, minimizing any potential interference with the hospital's operations. The Act defines a hospital as a sensitive location. (SEC. 2(a)(4)(F)(i)).
It's not just about setting rules; it's about making them stick. The bill mandates annual training for officers and requires detailed reporting of any enforcement actions near sensitive locations. Plus, any evidence collected in violation of these rules? It's thrown out. The bill specifies: "Any evidence obtained as the result of an enforcement action that violates the requirements of this subsection shall not be admissible in any removal proceeding. An individual who is the subject of an enforcement action that violates the requirements of this subsection may request that any removal proceedings against the individual be terminated." (SEC. 2 (a)(1)(E)).
The bill is not a get-out-of-jail-free card. It clarifies that it does not apply to transporting someone for medical care. It also allows for pre-approved arrests of individuals who pose significant threats. The exact wording says that the rules do not apply to enforcement actions "against an individual who an appropriate authorizing official has determined presents a threat to national security or a significant and articulable risk to public safety, provided that such action has been approved by an appropriate authorizing official prior to the enforcement action." (SEC. 2 (a)(1)(D)(ii)).
This is about balancing enforcement with the need for safe access to essential services and community spaces. By setting clear boundaries and requiring accountability, the "Protecting Sensitive Locations Act" aims to build trust and ensure that everyone feels safe in their communities.