Should people who are found to be intentionally fleeing a Federal officer be fined or arrested?

This bill has Passed the House of Representatives
Bill Summary

The Agent Raul Gonzalez Act seeks to impose criminal and/or immigration penalties for intentionally fleeing a Federal officer while operating a motor vehicle. Under the bill, an individual would incur an offense by operating a motor vehicle within 100 miles of the United States border while intentionally fleeing from either a U.S. Border Patrol Officer or a law enforcement officer who is assisting Border Control. The possible consequences of fleeing include fines and imprisonment. Additionally, all people unlawfully in the United States who commit relevant offenses, which include fleeing, with more severe charges in the case of the injury or death of an officer, will be permanently ineligible to apply for any legal status in the United States, including asylum. Sponsor: Rep. Juan Ciscomani (Republican, Arizona, District 5)
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Opponents say

•      "H.R. 5585 is a solution in search of a problem. The ACLU’s CBP Fatal Encounter tracker reported 107 total deaths of non-law enforcement officers that resulted from Border Patrol-involved vehicle pursuits between January 2010 and November 2023. In the absence of a hearing on this issue, very little information is publicly available about the number of Border Patrol agents who have been killed in high-speed chases. [...] It is also important to note that in many of the pursuits that occur near the border, migrants in the vehicle being pursued have little to no control over the vehicle they are being transported in and are typically not suspected of committing an offense more serious than misdemeanor entry without inspection. [...]As drafted, the bill does not require a nexus between the flight and knowledge or criminal intent, such as a refusal to heed a law enforcement officer’s visual or audible signal to initiate a vehicle stop. And despite repeated references to the dangers associated with high-speed chases during the markup, the bill does not require high-speed flight, such as speed exceeding the posted speed limit. [...] The deportability grounds are not about undocumented immigrants, who are already removable. They apply only to people who are lawfully present in the United States. Without requiring a conviction, this raises serious due process concerns for longstanding legal residents." Source: Rep. Jerry Nadler (Democrat, New York, District 12)


•      "Instead of safe and orderly process at the border, we have a patchwork system that simply doesn’t work as it should. We don’t have enough asylum officers or personnel to determine whether people qualify for asylum. There’s a standard by what you have to meet. You don’t — we don’t have enough immigrant judges — immigration judges to adjudicate the claims of immigrants. In fact, the previous administration used a rule called Title 42 to deal with — to deal with the pandemic, a rapidly — to rapidly expel people who crossed the border. It was a — designed to deal with the pandemic, but it’s used as a means to expel people at the border. People turned away under Title 42, and they are not — and — and they’re not barred from trying to come back. They’ve been turned away. They go back. They try again. They try again. Well, you know, they can and they do try to re-enter the United States again and again, which makes the problem that borders — at the border even worse." Source: President Joe Biden (Democrat)

Proponents say

•      "One of the worst consequences of this border crisis is the threat to public safety. Traffickers are killing people by loading up a car or truck stacked with illegal immigrants and then engaging in high-speed chases with Border Patrol or local police. These high-speed chases often end in tragedy, with people being killed regularly after the traffickers crash and passengers are thrown across the highway. Equally tragic are those innocent Americans who are struck by an illegal alien fleeing police or Border Patrol. My bill is fittingly named in honor of Border Patrol Agent Raul Gonzalez, Jr., who was killed in the line of duty on December 7, 2022, as he was pursuing a group of illegal aliens who were evading capture. My legislation will make traffickers think twice before engaging in a high-speed chase, since it includes serious jail time and prohibits anyone who runs from Border Patrol from ever obtaining legal status in the United States. My bill offers much-needed support to Border Patrol agents who are risking their lives daily serving an administration where the political leadership undermines them." Source: Sen. Ted Cruz (Republican, Texas)


•      "My district sees high-speed car chases coming through our communities every day, putting both the lives of Arizonans and Border Patrol agents in jeopardy. Officer Raul Gonzalez and too many others — including men and women in my own district — paid the ultimate price, and we cannot let their sacrifices be in vain. We must send a signal to any bad actors illegally coming through the southern border that their actions have dire consequences." Source: Sen. Juan Ciscomani (Republican, Arizona, District 6)