HR5603-119

What This Bill Does

The Emergency Responder Protection Act creates a protected-location rule for immigration enforcement around disaster and emergency response sites. Immigration enforcement actions may not take place at, focus on, or occur within 1,000 feet of a protected emergency response location unless exigent circumstances exist. If exigent circumstances end, enforcement must stop; if officers are unsure, they must stop, consult a supervisor in real time, and wait for affirmative confirmation. The rule applies to DHS officers and agents, including ICE and CBP, and to people delegated immigration enforcement functions. Officers who proceed at or near a protected location must act discreetly, limit time at the location, and limit action to the person approved. Exceptions cover transportation of someone apprehended at or near a land or sea border to a hospital for medical care and rare premeditated arrests with prior written approval for terrorist suspects, national-security threats, or extraordinary public-safety dangers. Information from violating enforcement actions cannot be used in resulting removal proceedings, and the affected person may seek immediate termination. ICE and CBP officials must ensure annual training. DHS must report each enforcement action at a protected emergency response location to the DHS Inspector General and Civil Rights and Civil Liberties within 30 days; ICE and CBP must report annually to Congress on covered actions; and the DHS Inspector General must report annually on complaints. Protected locations include places within 1,000 feet of active natural disasters, emergency declarations, relief distribution, temporary shelters, evacuation routes, disaster assistance or family reunification sites, and organizations providing disaster or emergency social services. DHS must issue rules within 90 days, and the amendment takes effect after 90 days.

Who Benefits and How

Disaster survivors benefit because immigration enforcement is restricted near shelters, relief sites, evacuation routes, and assistance registration locations. Emergency response organizations benefit because protected-location rules reduce enforcement disruptions around disaster services. Immigrants seeking emergency medical or disaster aid benefit from evidence exclusion and termination remedies for violating enforcement actions. Congressional oversight committees benefit from 30-day incident reports and annual ICE, CBP, and DHS Inspector General reports.

Who Bears the Burden and How

ICE field officers must stop, consult supervisors, limit actions, and meet protected-location rules before proceeding near emergency sites. CBP agents must follow the same protected-location limits, reporting, training, and supervisor-confirmation requirements. DHS rulemaking staff must issue implementing rules within 90 days and define supervisors and authorizing officials. DHS Inspector General staff must review complaints and report annually on covered enforcement actions.

Key Provisions

• Prohibits immigration enforcement actions at or within 1,000 feet of protected emergency response locations absent exigent circumstances.
• Requires officers to stop and consult supervisors when exigent circumstances are uncertain or end.
• Provides exceptions for medical transport and rare preapproved arrests involving terrorism, national security, or extraordinary public-safety danger.
• Bars information from violating actions in removal proceedings and allows motions to terminate those proceedings.
• Requires annual training, 30-day DHS incident reports, annual ICE and CBP reports, annual Inspector General complaint reports, and DHS rules within 90 days.