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 federal officers near the U.S. border while operating a motor vehicle. The bill introduces new criminal penalties, including imprisonment and fines, which escalate based on the severity of the consequences, such as serious bodily injury or death. Additionally, it amends the Immigration and Nationality Act to make individuals convicted of or admitting to such offenses inadmissible, deportable, and ineligible for immigration relief, including asylum.
Expected Effects
The bill's enactment would likely lead to increased prosecution and detention of individuals fleeing law enforcement near the border. It could also result in stricter immigration enforcement and potential deportation for those convicted of evading arrest. An annual report will be required from the Attorney General and the Secretary of Homeland Security to track the enforcement of this law.
Potential Benefits
- Increased safety for law enforcement officers, particularly Border Patrol agents.
- Deterrence of individuals from fleeing law enforcement, potentially reducing high-speed chases and related accidents.
- Strengthened border security through stricter enforcement of laws against evading arrest.
- Potential reduction in crime rates in border areas due to increased law enforcement effectiveness.
- Improved data collection and reporting on incidents of evading arrest near the border.
Most Benefited Areas:
Potential Disadvantages
- Potential for increased burden on the justice system due to a rise in prosecutions.
- Risk of disproportionate impact on minority communities living near the border.
- Possible erosion of trust between law enforcement and border communities if the law is perceived as overly aggressive.
- Potential for unintended consequences, such as individuals being less likely to cooperate with law enforcement out of fear of severe penalties.
- Increased strain on immigration courts and detention facilities due to increased deportations.
Most Disadvantaged Areas:
Constitutional Alignment
The bill's constitutional alignment is complex. Congress has the power to establish laws related to immigration and border security under Article I, Section 8. The bill's criminal penalties are subject to the Eighth Amendment's prohibition against cruel and unusual punishment, and the Fifth Amendment's guarantee of due process. The Fourth Amendment, protecting against unreasonable search and seizure, could be implicated in how the law is enforced.
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).