Technical corrections only. The v4 version of the bill reflects its procedural status, showing it was received in the Senate and referred to the Committee on the Judiciary after passing the House, including the addition of the House Clerk's name. No substantive policy changes were made between v3 and v4.
Federal Working Animal Protection Act
- Sponsor
- Rep. Calvert, Ken [R-CA-41]
- Committees
- Judiciary Committee (primary)
- Last action
- Mar 19, 2026
Bottom line
The bill expands U.S. immigration law to make aliens who harm law enforcement animals inadmissible and deportable, reinforcing protections for working animals.
What it actually does
This bill amends the Immigration and Nationality Act to establish new grounds for inadmissibility and deportability for aliens. Specifically, it targets individuals who have been convicted of, or admit to committing, offenses related to harming animals used in law enforcement, as defined under Section 1368 of Title 18, United States Code. This means such individuals would be barred from entering the U.S. or could be removed if already present.
Proponents argue
Supporters argue that this bill strengthens the protection of vital law enforcement animals and personnel by ensuring that individuals who commit such serious offenses are not permitted to enter or remain in the United States. They contend it aligns immigration policy with public safety priorities and sends a clear message about the value placed on the service of working animals.
Opponents contend
Critics might argue that existing immigration laws already provide sufficient grounds for inadmissibility and deportability for serious criminal offenses, potentially rendering this specific addition redundant. They may also raise concerns about the potential for disproportionate impacts or the increasing specificity of immigration exclusions, suggesting a broader review of criminal grounds for removal might be more appropriate.
The bill is exceptionally short and clear, allowing for full comprehension in a very short amount of time, making it highly accessible to any reader.
Section 2(a)
Expansion of Inadmissibility Grounds
This provision amends Section 212(a)(2) of the Immigration and Nationality Act to add a new category (J) under which an alien is deemed inadmissible to the United States. An alien becomes inadmissible if they have been convicted of, admit to committing, or admit to committing acts that constitute the essential elements of an offense under 18 U.S.C. 1368, which pertains to harming animals used in law enforcement.
Supporters argue
Proponents argue that this provision is crucial for deterring harm to law enforcement animals by ensuring that individuals who commit such acts cannot gain entry to the U.S. It reinforces the seriousness of these crimes and supports the safety and operational effectiveness of working animals.
Critics contend
Opponents might contend that existing broad criminal inadmissibility grounds already cover severe offenses, making this specific addition potentially redundant. They may also argue that focusing on specific criminal acts for immigration consequences can lead to an overly complex and piecemeal immigration code.
Tradeoffs
The provision balances the desire to protect law enforcement assets with the need to maintain a coherent and efficient immigration system. It trades off simplicity in immigration law for specific deterrence against a particular type of crime.
Section 2(b)
Expansion of Deportability Grounds
This provision amends Section 237(a)(2) of the Immigration and Nationality Act to add a new category (G) under which an alien lawfully present in the United States can be deemed deportable. Similar to the inadmissibility provision, an alien becomes deportable if they have been convicted of, admit to committing, or admit to committing acts that constitute the essential elements of an offense under 18 U.S.C. 1368, relating to harming animals used in law enforcement.
The bill's operative effect for both inadmissibility and deportability hinges entirely on the definition of "an offense under section 1368 of title 18, United States Code (relating to harming animals used in law enforcement)." The specific actions that constitute this offense are not detailed within H.R. 4638 itself.
Section 2(a) and 2(b)
Why it matters:This is standard legislative practice to avoid redundancy and ensure consistency with existing federal criminal law. It means that any future amendments to 18 U.S.C. 1368 would automatically apply to these immigration provisions without requiring further legislative action on H.R. 4638.
Case for: Incorporating by reference streamlines the legislative text and ensures that the immigration consequences are perfectly aligned with the underlying criminal statute. This prevents potential discrepancies between the criminal definition and the immigration consequence.
Case against: For a casual reader, the reliance on an external legal reference means that the full implications of the bill are not immediately apparent from the text alone. It requires additional research to understand the precise scope of actions that would trigger inadmissibility or deportability.
Estimated impact: The impact is directly tied to the scope of 18 U.S.C. 1368, which criminalizes actions such as killing or inflicting serious injury upon any animal used in official law enforcement duties, including arson, bombing, or other malicious destruction.