Technical corrections only. The two versions of H.R. 35 are substantively identical, with v3 reflecting the bill's referral to the Senate after passing the House. There are no changes to the legislative text regarding criminal penalties, immigration consequences, or reporting requirements.
Agent Raul Gonzalez Officer Safety Act
- Sponsor
- Rep. Ciscomani, Juan [R-AZ-6]
- Committees
- Judiciary Committee (primary)
- Last action
- Feb 13, 2025
Bottom line
This bill creates new federal criminal and immigration penalties for intentionally evading law enforcement in a vehicle near the U.S. border, aiming to enhance officer safety and border security.
What it actually does
This bill establishes a new federal crime for individuals who intentionally flee a pursuing federal officer, or state/local officers assisting federal agents, in a motor vehicle within 100 miles of the U.S. border. It imposes escalating criminal penalties, including significant prison time, based on whether serious bodily injury or death results from the evasion. Additionally, the bill makes any alien convicted of this new offense inadmissible to the U.S., deportable, and ineligible for any form of immigration relief, including asylum. It also mandates an annual report on the enforcement of this new law.
Proponents argue
Supporters argue this bill enhances officer safety, particularly for U.S. Border Patrol agents, by deterring dangerous high-speed pursuits and holding individuals accountable for actions that endanger law enforcement and the public. They emphasize the need for stronger federal tools to address the risks associated with such evasive maneuvers, especially in border regions, and to ensure that those who commit these acts face serious consequences.
Opponents contend
Critics might argue that existing state and federal laws are sufficient to address dangerous driving and assault on officers, making this new offense potentially redundant. They may also contend that the bill could lead to disproportionate penalties, particularly for individuals who may be undocumented and flee out of fear rather than malicious intent, potentially criminalizing fear. Concerns could also be raised about the broad '100 miles of the border' jurisdictional reach and its impact on asylum seekers.
The bill is concise and clearly written, allowing for a quick and thorough reading to understand its provisions and implications.
Section 2(a), adding new Section 40B to title 18, U.S. Code.
Creation of Federal Offense for Evading Arrest or Detention While Operating a Motor Vehicle
This provision establishes a new federal crime for any person operating a motor vehicle within 100 miles of the United States border who intentionally flees from a pursuing U.S. Border Patrol agent acting under lawful authority, or any federal, state, or local law enforcement officer actively assisting or under the command of U.S. Border Patrol. This expands federal jurisdiction over vehicle pursuits in border regions.
Supporters argue
Supporters contend this provision directly addresses a dangerous and growing problem of individuals fleeing law enforcement, often at high speeds, which puts officers and the public at risk. They argue it provides a specific federal tool to prosecute such actions, which may not always be adequately covered by existing state or federal laws.
Critics contend
Critics might argue that existing state and federal laws already cover reckless endangerment, assault, and resisting arrest, making this new offense redundant. They may also raise concerns about the broad jurisdictional reach (100 miles from the border) and potential for over-criminalization of incidents that could be handled at the state level.
Tradeoffs
This provision balances the desire for enhanced law enforcement tools to deter dangerous evasion against concerns about potential redundancy with existing laws and the scope of federal jurisdiction over incidents that might otherwise be local matters.
Section 2(b), adding new Section 40B(b) to title 18, U.S. Code.
Tiered Criminal Penalties for Evading Arrest
This section outlines the criminal penalties for the new federal offense of evading arrest. A basic conviction carries up to 2 years imprisonment and/or a fine. If serious bodily injury results from the offense, the penalty increases to not less than 5 years and not more than 20 years imprisonment and/or a fine. If the death of any person results, the penalty is not less than 10 years and up to life imprisonment and/or a fine.
Section 3(a), amending Section 212(a)(2) of the Immigration and Nationality Act.
Inadmissibility for Evading Arrest or Detention
This provision amends the Immigration and Nationality Act to make any alien inadmissible to the United States if they have been convicted of, admit to committing, or admit to committing acts that constitute the essential elements of the new federal crime of evading arrest or detention while operating a motor vehicle. This means such individuals would be barred from lawfully entering the U.S.
Section 3(b), amending Section 237(a)(2) of the Immigration and Nationality Act.
Deportability for Evading Arrest or Detention
This provision amends the Immigration and Nationality Act to make any alien deportable from the United States if they have been convicted of, admit to committing, or admit to committing acts that constitute the essential elements of the new federal crime of evading arrest or detention while operating a motor vehicle. This means such individuals, even if residing in the U.S., could be removed.
Section 3(c), inserting new Section 208A into Chapter 2 of title II of the Immigration and Nationality Act.
Ineligibility for Immigration Relief, Including Asylum
This provision creates a new section in the Immigration and Nationality Act stating that any alien who has been convicted of, admits to committing, or admits to committing acts that constitute the essential elements of the new federal crime of evading arrest while operating a motor vehicle shall be ineligible for any form of relief under immigration laws, including asylum under section 208. This significantly limits avenues for legal status or protection.
Section 4.
Annual Report on Evading Arrest Offenses
This section mandates that the Attorney General, in conjunction with the Secretary of Homeland Security, submit an annual report to the Senate and House Judiciary Committees. The report must identify the number of people who committed the new evasion offense, summarize the number of individuals charged, apprehended but not charged, committed the violation but not apprehended, and detail the penalties sought and imposed for such violations.