Bills of Congress by U.S. Congress

H.R.35 - Agent Raul Gonzalez Officer Safety Act (119th Congress)

Summary

H.R.35, the Agent Raul Gonzalez Officer Safety Act, aims to impose criminal and immigration penalties on individuals who intentionally flee from law enforcement officers near the U.S. border while operating a motor vehicle. The bill introduces new criminal penalties, including imprisonment and fines, for evading arrest or detention. It also amends the Immigration and Nationality Act to make individuals who commit such offenses inadmissible, deportable, and ineligible for immigration relief.

Expected Effects

The bill's likely effect is increased enforcement and prosecution of individuals evading law enforcement near the border. This could lead to a reduction in such incidents due to increased penalties and stricter immigration consequences. The annual report requirement will provide data on the enforcement of these provisions.

Potential Benefits

  • Increased safety for law enforcement officers, particularly Border Patrol agents.
  • Potential reduction in crime related to border security.
  • Strengthened border control and immigration enforcement.
  • Deterrent effect on individuals considering evading law enforcement.
  • Improved data collection and analysis on border-related offenses.

Potential Disadvantages

  • Potential for increased burden on the justice system due to increased prosecutions.
  • Risk of disproportionate impact on certain communities near the border.
  • Possible concerns about due process and potential for abuse of authority.
  • Increased penalties could lead to harsher sentences, even in cases with minor offenses.
  • Potential strain on resources for detention and deportation.

Constitutional Alignment

The bill aligns with the Constitution's implied powers related to national security and border control, as well as the power to establish uniform rules of naturalization (Article I, Section 8). However, concerns may arise regarding the Fifth Amendment's due process clause if the law is applied in a way that infringes on individual rights. The Eighth Amendment's prohibition against cruel and unusual punishment could also be relevant if the penalties are deemed excessive for the offense.

Impact Assessment: Things You Care About

This action has been evaluated across 19 key areas that matter to you. Scores range from 1 (highly disadvantageous) to 5 (highly beneficial).