HR7572-119

What This Bill Does

This bill adds 18 U.S.C. section 709A for false assumption of government authority in immigration enforcement. Without lawful authority, a person may not knowingly stop or try to stop a person or vehicle on a public roadway, demand identification, request searches of property or persons, or use license-plate or vehicle-identification data systems for the purpose of enforcing, monitoring, obstructing, or influencing federal law enforcement operations. The base penalty is up to five years imprisonment, a fine, or both; the aggravated maximum is 10 years when the offense uses or displays a firearm or dangerous weapon, causes bodily injury, or interferes with or targets a federal officer or operation. Lawful protest, speech, and assembly are preserved when they do not involve the prohibited conduct. Aggrieved persons can sue individuals, supporting organizations, and government entities that knowingly permitted or failed to prevent the conduct on public property. Remedies include at least $10,000 statutory damages per violation, compensatory damages, punitive damages, injunctive or declaratory relief, attorney fees, no qualified-immunity-like defense, and a five-year limitations period.

Who Benefits and How

People stopped at unauthorized checkpoints, drivers on public roadways, federal officers, civil rights plaintiffs, and immigrant communities benefit from criminal penalties, civil remedies, statutory damages, and protection against unauthorized identification demands and license-plate surveillance.

Who Bears the Burden and How

Individuals conducting vigilante checkpoints, organizations supporting checkpoint activity, government entities controlling public property, federal prosecutors, federal courts, and local officials must account for new criminal exposure, civil liability, and prevention duties.

Key Provisions

• Creates a new federal offense for unauthorized roadway stops, identification demands, searches, or license-plate data use tied to federal law enforcement operations.
• Provides up to five years imprisonment for base offenses and up to 10 years for weapon, injury, or federal-operation aggravators.
• Creates a civil action against individuals, supporting organizations, and government entities that knowingly permit or fail to prevent prohibited conduct on public property.
• Authorizes at least $10,000 statutory damages per violation, compensatory damages, punitive damages, injunctive relief, attorney fees, no qualified immunity, and a five-year limitations period.