Criminal and immigration penalties for fleeing a federal officer within 100 miles of the U.S. border while driving?
The Agent Raul Gonzalez Officer Safety Act would make it a federal crime to flee from Border Patrol agents or their assisting officers in a vehicle within 100 miles of the U.S. border. The base offense could result in up to 2 years in prison and/or fines. If the chase causes serious injury, penalties increase to 5-20 years; if it results in death, 10 years to life imprisonment. The bill would also make anyone convicted of this offense inadmissible to the U.S., deportable if already present, and ineligible for immigration relief including asylum. Annual reports to Congress would track enforcement.
Sponsor: Rep. Juan Ciscomani (Republican, Arizona, District 6)
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How do you feel?
Opponents say
• "We recommend a NO vote on H.R. 35, The Agent Raul Gonzalez Officer Safety Act. This bill is named after Border Patrol Agent Raul Gonzalez who tragically lost his life after a high speed chase resulted in life-threatening injuries and hospitalization. This bill imposes additional harsh criminal legal system and immigration penalties while furthering false and politicized narratives about immigrants without truly addressing the dangers posed by practices such as high speed car chases to all border residents…The language in H.R. 35 is overbroad and vague. For example it creates penalties for “evading arrest or detention” and “intentionally fleeing” law enforcement which could be broadly applied especially in border communities that are already experiencing over-policing and racial profiling, as well as dangerous outcomes from high speed car chases. Black and Brown people are disproportionately more likely to be stopped, arrested, prosecuted, convicted, and sentenced to longer terms. There has been bipartisan recognition of the racial biases in the criminal legal system, and multiple bipartisan reform efforts. Increasing the severity or breadth of immigration penalties for contact with the criminal legal system will inevitably transfer these endemic discriminatory impacts into immigration law." Source: Immigrant Legal Resource Center
• "I voted against the bill because I believe that our American system of justice should provide people with strong due process protections. This bill would water down the requirement to actually convict somebody before they are eligible for deportation for committing a crime. Someone could be deported if they merely “admitted” to committing the offense or its essential elements. This weaker threshold would apply to immigrants who have legally been in the U.S. for decades, who may have families, and who entered this country “the right way.” Notably, the stricter requirement to secure a conviction before being able to deport somebody would still apply to far more serious crimes like murder and rape. I do not believe that America will be stronger if we water down legal protections simply for the sake of showing our understandable frustration with our dysfunctional immigration system. Our immigration laws badly need sensible reform. I remain committed to working with Republicans to promote common-sense ideas that the vast majority of Americans can agree on.." Source: Rep. Seth Moulton (Democrat, Massachusetts, District 6)
Proponents say
• "The bill, which imposes stricter penalties for evading law enforcement near the border, is included in the House rules package, underscoring its priority in Congress. "Agent Gonzalez’s sacrifice is a stark reminder of the dangers our Border Patrol agents face daily," said Congresswoman De La Cruz. "This legislation is about ensuring that those who endanger the lives of our agents are held accountable." The Congresswoman also expressed her optimism for swift action in the Senate and support from President-Elect Donald Trump, who has pledged to make border security a top priority. "I look forward to seeing this critical legislation become law as part of our broader effort to restore safety and order at our southern border," she added." Source: Rep. Monica De La Cruz (Republican, Texas, District 5), a co-sponsor of this bill
• "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: Senator Ted Cruz (Republican, Texas), in a press statement from when introduced the bill to the Senate in 2023