H.R. 5603

[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5603 Introduced in House (IH)]

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119th CONGRESS
1st Session
H. R. 5603

To limit the authority immigration officers have at protected emergency 
response locations.

_______________________________________________________________________

IN THE HOUSE OF REPRESENTATIVES

September 26, 2025

Ms. Randall (for herself, Ms. Garcia of Texas, Ms. Norton, Ms. Kelly of 
Illinois, Ms. DelBene, Mr. Cisneros, Ms. Tlaib, Mr. Huffman, Ms. 
Lofgren, and Mr. Garcia of California) introduced the following bill; 
which was referred to the Committee on the Judiciary

_______________________________________________________________________

A BILL

To limit the authority immigration officers have at protected emergency 
response locations.

Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

This Act may be cited as the ``Emergency Responder Protection 
Act''.

SEC. 2. POWERS OF IMMIGRATION OFFICERS AND EMPLOYEES AT PROTECTED 
EMERGENCY RESPONSE LOCATIONS.

(a) In General.--Section 287 of the Immigration and Nationality Act 
(8 U.S.C. 1357) is amended by adding at the end the following:
``(i)(1)(A) An enforcement action may not take place at, be focused 
on, or occur within, 1,000 feet of a protected emergency response 
location, except under exigent circumstances.
``(B) If an immigration enforcement action is 
taking place under exigent circumstances, and the 
exigent circumstances permitting the enforcement action 
cease, the enforcement action shall be discontinued 
until such exigent circumstances reemerge.
``(C) If an individual referred to in subparagraph 
(A) or (B) of paragraph (2) is not certain as to 
whether exigent circumstances exist, the individual 
shall cease the enforcement action immediately, consult 
with their supervisor in real time as to the existence 
of exigent circumstances, and shall not continue the 
enforcement action until the individual's supervisor 
affirmatively confirms the existence of exigent 
circumstances.
``(2) This subsection shall apply to any enforcement action 
by--
``(A) officers or agents of the Department of 
Homeland Security, including officers and agents of 
U.S. Immigration and Customs Enforcement and U.S. 
Customs and Border Protection; and
``(B) any individual designated to perform 
immigration enforcement functions pursuant to 
subsection (g).
``(3)(A) When proceeding with an enforcement action at or 
near a protected emergency response location, individuals 
referred to in subparagraphs (A) and (B) of paragraph (2) shall 
make every effort--
``(i) to conduct themselves as discreetly 
as possible, consistent with officer and public 
safety;
``(ii) to limit the time spent at the 
protected emergency response location; and
``(iii) to limit the enforcement action to 
the person or persons for whom prior approval 
was obtained.
``(B) If, in the course of an enforcement action 
that is not initiated at or focused on a protected 
emergency response location, individuals referred to in 
subparagraphs (A) and (B) of paragraph (2) are led to 
or near a protected emergency response location, and no 
clear exigent circumstance with respect to the 
protected emergency response location exists, such 
individuals shall--
``(i) cease before taking any further 
enforcement action;
``(ii) conduct themselves in a discreet 
manner;
``(iii) maintain surveillance; and
``(iv) in the event that uncertainty exists 
about the existence of exigent circumstances, 
immediately consult their supervisor in order 
to determine whether such enforcement action 
should be discontinued pursuant to paragraph 
(1)(C).
``(C) This subsection shall not apply to the 
transportation of an individual apprehended at or near 
a land or sea border to a hospital or health care 
provider for the purpose of providing such individual 
medical care.
``(D) This subsection shall not apply to a rare 
premeditated arrest operation, undertaken with the 
prior written approval of an appropriate authorizing 
official, involving the targeted arrest of a terrorist 
suspect, an individual who poses a clear threat to 
national security, or an individual who poses an 
extraordinary danger to public safety.
``(4) If an enforcement action is carried out in violation 
of this subsection--
``(A) no information resulting from the enforcement 
action may be entered into the record or received into 
evidence in a removal proceeding resulting from the 
enforcement action; and
``(B) the alien who is the subject of such removal 
proceeding may file a motion for the immediate 
termination of the removal proceeding.
``(5)(A) Each official specified in subparagraph (B) shall 
ensure that the employees under the supervision of such 
official receive annual training in compliance with the 
requirements of this subsection, section 239, and section 384 
of the Illegal Immigration Reform and Immigrant Responsibility 
Act of 1996 (8 U.S.C. 1367).
``(B) The officials specified in this subparagraph 
are the following:
``(i) The Chief Counsel of U.S. Immigration 
and Customs Enforcement.
``(ii) The Field Office Directors of U.S. 
Immigration and Customs Enforcement.
``(iii) Each Special Agent in Charge of 
U.S. Immigration and Customs Enforcement.
``(iv) Each Chief Patrol Agent of U.S. 
Customs and Border Protection.
``(v) The Director of Field Operations of 
U.S. Customs and Border Protection.
``(vi) The Director of Air and Marine 
Operations of U.S. Customs and Border 
Protection.
``(vii) The Internal Affairs Special Agent 
in Charge of U.S. Customs and Border 
Protection.
``(6)(A) Not later than 30 days after any enforcement 
action is taken at a protected emergency response location by 
any individual referred to in subparagraph (A) or (B) of 
paragraph (2), the Secretary of Homeland Security shall provide 
a report to both the Office of the Inspector General of the 
Department of Homeland Security and the Office for Civil Rights 
and Civil Liberties of the Department of Homeland Security for 
each of these individual enforcement actions, which shall 
contain the following information:
``(i) The date, State, and local political 
subdivision (such as city, town, or county) in 
which each enforcement action occurred.
``(ii) The specific protected emergency 
response location site where the enforcement 
action occurred.
``(iii) The type of enforcement action that 
occurred.
``(iv) The specific department, agency, and 
officers responsible for the enforcement 
action.
``(v) A thorough description of the 
circumstances which purportedly justified the 
enforcement action, including either--
``(I) a clear description of the 
exigent circumstances involved; or
``(II) a certified copy of the 
written approval for the immigration 
arrest that was signed by an 
appropriate authorizing officer, along 
with a clear description of the 
specific and rare threat which 
justified the premeditated arrest at 
this protected emergency response 
location.
``(vi) A description of the intended target 
of the enforcement action.
``(vii) The number of individuals, if any, 
arrested or taken into custody through the 
enforcement action.
``(viii) The number of collateral arrests, 
if any, from the enforcement action and the 
reasons for each such arrest.
``(ix) A certification of whether a 
supervisor was contacted prior to, during, or 
after each such enforcement action.
``(B) An appropriate committee of Congress may, at 
any time, request, and the Secretary of Homeland 
Security shall provide, a confidential or redacted copy 
of one of the individual reports described in 
subparagraph (A).
``(7)(A) The Director of U.S. Immigration and Customs 
Enforcement and the Commissioner of U.S. Customs and Border 
Protection shall each submit to the appropriate committees of 
Congress each year a report on the enforcement actions 
undertaken by U.S. Immigration and Customs Enforcement and U.S. 
Customs and Border Protection, respectively, during the 
preceding year that were covered by this subsection.
``(B) Each report on an agency for a year under 
this paragraph shall set forth the following:
``(i) The number of enforcement actions at 
or focused on a protected emergency response 
location.
``(ii) The number of enforcement actions 
where officers or agents were subsequently led 
to or near a protected emergency response 
location.
``(iii) The date, site, State, and local 
political subdivision (such as city, town, or 
county) in which each enforcement action 
covered by clause (i) or (ii) occurred.
``(iv) The component of the agency 
responsible for each such enforcement action.
``(v) A description of the intended target 
of each such enforcement action.
``(vi) The number of individuals, if any, 
arrested or taken into custody through each 
such enforcement action.
``(vii) The number of collateral arrests, 
if any, from each such enforcement action and 
the reasons for each such arrest.
``(viii) A certification of whether the 
location administrator was contacted prior to, 
during, or after each such enforcement action.
``(8)(A) The Office of the Inspector General of the 
Department of Homeland Security shall submit to the appropriate 
committees of Congress each year a report on the complaints of 
enforcement actions taken in protected emergency response 
locations by U.S. Immigration and Customs Enforcement and U.S. 
Customs and Border Protection during the preceding year that 
were covered by this subsection.
``(B) Each report for a year under this paragraph 
shall set forth the following:
``(i) The number of complaints of 
enforcement actions reported at or focused on a 
protected emergency response location.
``(ii) The reported date, site, State, and 
local political subdivision (such as city, 
town, or county) in which each enforcement 
action covered was by clause (i) occurred.
``(iii) The reported agency responsible for 
each such enforcement action.
``(iv) A description of the intended target 
of each such enforcement action.
``(v) The reported number of individuals, 
if any, arrested or taken into custody through 
each such enforcement action.
``(vi) The reported number of collateral 
arrests, if any, from each such enforcement 
action and the reasons for each such arrest.
``(vii) If available, a certification of 
whether the location administrator was 
contacted prior to, during, or after each such 
enforcement action.
``(9) In this subsection:
``(A) The term `active natural disaster' includes--
``(i) floods, storms, wildfires, 
hurricanes, earthquakes, landslides, drought, 
volcanic eruptions, and tornadoes; and
``(ii) man-made disasters, such as oil 
spills and chemical spills.
``(B) The term `appropriate authorizing official' 
means the following:
``(i) In the case of officers and agents of 
U.S. Immigration and Customs Enforcement, one 
of the following officials:
``(I) The Assistant Director of 
Operations, Homeland Security 
Investigations.
``(II) The Executive Associate 
Director of Homeland Security 
Investigations.
``(III) The Assistant Director for 
Field Operations, Enforcement, and 
Removal Operations.
``(IV) The Executive Associate 
Director for Field Operations, 
Enforcement, and Removal Operations.
``(V) Any other individual who is 
determined to be an appropriate 
authorizing official by the Secretary 
of Homeland Security.
``(ii) In the case of officers and agents 
of U.S. Customs and Border Protection, one of 
the following officials:
``(I) A Chief Patrol Agent.
``(II) The Director of Field 
Operations.
``(III) The Director of Air and 
Marine Operations.
``(IV) The Internal Affairs Special 
Agent in Charge.
``(V) Any other individual who is 
determined to be an appropriate 
authorizing official by the Secretary 
of Homeland Security.
``(iii) In the case of all other 
individuals referred to in subparagraph (A) or 
(B) of paragraph (2), an official determined 
under rules promulgated by the Secretary of 
Homeland Security not later than 90 days after 
the date of the enactment of this subsection.
``(C) The term `appropriate committees of Congress' 
means--
``(i) the Committee on Homeland Security 
and Governmental Affairs of the Senate;
``(ii) the Committee on the Judiciary of 
the Senate;
``(iii) the Committee on Appropriations of 
the Senate;
``(iv) the Committee on Energy and Natural 
Resources of the Senate;
``(v) the Committee on Homeland Security of 
the House of Representatives;
``(vi) the Committee on the Judiciary of 
the House of Representatives;
``(vii) the Committee on Natural Resources 
of the House of Representatives;
``(viii) the Committee on Transportation 
and Infrastructure of the House of 
Representatives; and
``(ix) the Committee on Appropriations of 
the House of Representatives.
``(D) The term `enforcement action' means an 
apprehension, arrest, interview, request for 
identification, search, or surveillance for the 
purposes of immigration enforcement, and includes an 
enforcement action at, or focused on, a protected 
emergency response location that is part of a joint 
case led by another law enforcement agency.
``(E) The term `exigent circumstances' means a 
situation involving any of the following:
``(i) The imminent risk of death, violence, 
or physical harm to any person, including a 
situation implicating terrorism or the national 
security of the United States in some other 
manner.
``(ii) The immediate arrest or hot pursuit 
of an individual presenting an imminent danger 
to public safety, including the imminent risk 
of death, violence, or physical harm to a 
person.
``(iii) A rare, premeditated arrest 
operation described in paragraph (3)(D), 
undertaken with the prior written approval of 
an appropriate authorizing official, involving 
the targeted arrest of a terrorist suspect, an 
individual who poses a clear threat to national 
security, or an individual who poses an 
extraordinary danger to public safety.
``(iv) The imminent risk of destruction of 
evidence that is material to an ongoing 
criminal case.
``(F) The term `protected emergency response 
location' includes all of the physical space located 
within 1,000 feet of the following:
``(i) Locations where active natural 
disaster, human-caused events, emergency 
declarations are in effect, or emergency 
response and relief is being provided, such as 
the distribution of emergency supplies, food, 
and water; places of temporary shelter; along 
evacuation routes; and sites where registration 
for disaster-related assistance or family 
reunification is under way.
``(ii) Locations of any organization that 
provides disaster or emergency social services 
and assistance.
``(G) The term `supervisor' means an official 
determined under rules promulgated by the Secretary of 
Homeland Security not later than 90 days after the date 
of the enactment of this subsection.''.
(b) Effective Date.--The amendment made by subsection (a) shall 
take effect 90 days after the date of the enactment of this Act.
(c) Rule Making.--Not later than 90 days after the date of the 
enactment of this Act, the Secretary of Homeland Security shall issue 
rules to carry out the amendment made by subsection (a).
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