HR4638-119

What This Bill Does

The Federal Working Animal Protection Act, also known as the BOWOW Act, amends two parts of the Immigration and Nationality Act. First, it adds a new inadmissibility ground in INA section 212(a)(2) for any noncitizen who has been convicted of, admits to committing, or admits the essential elements of an offense under 18 U.S.C. 1368, the federal criminal statute covering harm to animals used in law enforcement. Second, it adds a matching deportability ground in INA section 237(a)(2) for the same conduct after a noncitizen has been admitted to the United States.

The bill does not create a new criminal offense by itself. The legal mechanism is immigration enforcement: a 18 U.S.C. 1368 conviction or qualifying admission becomes a basis for denying admission, denying visa eligibility, or initiating removal. That gives immigration officers, consular officers, and immigration judges a new statutory hook tied to the protection of law-enforcement working animals.

Who Benefits and How

Federal law enforcement K-9 units, federal mounted law enforcement units, local law enforcement agencies that work with federal immigration partners, and prosecutors handling 18 U.S.C. 1368 cases benefit because the bill increases the immigration consequences attached to harming law-enforcement working animals. DHS removal officers and consular officers receive clearer statutory authority to screen or pursue cases when the relevant conviction or admission exists.

Who Bears the Burden and How

Noncitizens convicted under 18 U.S.C. 1368 and noncitizens admitting conduct under that statute bear the largest burden because they must face a new statutory inadmissibility or deportability ground, may lose admission eligibility, and may be placed in removal proceedings. Immigration judges, DHS removal officers, USCIS adjudicators, consular officers, and immigration defense attorneys must evaluate conviction records, file or defend immigration charges, prove whether an admission satisfies the statutory elements, and comply with the new screening rule when the underlying conduct is raised in immigration proceedings.

Key Provisions

• Adds a new INA inadmissibility ground for noncitizens convicted under 18 U.S.C. 1368.
• Adds inadmissibility for noncitizens who admit committing, or admit essential elements of, a 18 U.S.C. 1368 offense.
• Adds a matching INA deportability ground for noncitizens admitted to the United States.
• Creates an immigration-enforcement consequence tied to harming animals used in law enforcement.
• Gives DHS officers, consular officers, and immigration judges a specific statutory basis for screening and removal decisions involving 18 U.S.C. 1368 conduct.