AGENT RAUL GONZALEZ OFFICER SAFETY ACT

AGENT RAUL GONZALEZ OFFICER SAFETY ACT

Congressional Record, Volume 171 Issue 30 (Thursday, February 13, 2025) [Congressional Record Volume 171, Number 30 (Thursday, February 13, 2025)] [House] [Pages H682-H691] From the Congressional Record Online through the Government Publishing Office [ www.gpo.gov ] AGENT RAUL GONZALEZ OFFICER SAFETY ACT Mr. McCLINTOCK. Mr. Speaker, pursuant to House Resolution 5, I call up the bill (H.R. 35) to impose criminal [[Page H683]] and immigration penalties for intentionally fleeing a pursuing Federal officer while operating a motor vehicle, and ask for its immediate consideration in the House. The Clerk read the title of the bill. The SPEAKER pro tempore. Pursuant to House Resolution 5, the bill is considered read. The text of the bill is as follows: H.R. 35 Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as ``Agent Raul Gonzalez Officer Safety Act''. SEC. 2. CRIMINAL PENALTIES FOR EVADING ARREST OR DETENTION. (a) In General.--Chapter 2 of title 18, United States Code, is amended by adding at the end the following: ``Sec. 40B. Evading arrest or detention while operating a motor vehicle ``(a) Offense.--A person commits an offense under this section by operating a motor vehicle within 100 miles of the United States border while intentionally fleeing from-- ``(1) a pursuing U.S. Border Patrol agent acting pursuant to lawful authority; or ``(2) any pursuing Federal, State, or local law enforcement officer who is actively assisting, or under the command of, U.S. Border Patrol. ``(b) Penalties.-- ``(1) In general.--Except as provided in paragraphs (2) and (3), any person who commits an offense described in subsection (a) shall be-- ``(A) imprisoned for a term of not more than 2 years; ``(B) fined under this title; or ``(C) subject to the penalties described in subparagraphs (A) and (B). ``(2) Serious bodily injury.--If serious bodily injury results from the commission of an offense described in subsection (a), the person committing such offense shall be-- ``(A) imprisoned for a term of not less than 5 years and not more than 20 years; ``(B) fined under this title; or ``(C) subject to the penalties described in subparagraphs (A) and (B). ``(3) Death.--If the death of any person results from the commission of an offense described in subsection (a), the person committing such offense shall be-- ``(A) imprisoned for a term of not less than 10 years and up to life; ``(B) fined under this title; or ``(C) subject to the penalties described in subparagraphs (A) and (B).''. (b) Clerical Amendment.--The analysis for chapter 2 of title 18, United States Code, is amended by adding at the end the following: ``40B. Evading arrest or detention while operating a motor vehicle.''. SEC. 3. INADMISSIBILITY, DEPORTABILITY, AND INELIGIBILITY RELATED TO EVADING ARREST OR DETENTION WHILE OPERATING A MOTOR VEHICLE. (a) Inadmissibility.--Section 212(a)(2) of the Immigration and Nationality Act (8 U.S.C. 1182(a)(2)) is amended by adding at the end the following: ``(J) Evading arrest or detention while operating a motor vehicle.--Any alien who has been convicted of, who admits having committed, or who admits committing acts which constitute the essential elements of a violation of section 40B(a) of title 18, United States Code, is inadmissible.''. (b) Deportability.--Section 237(a)(2) of the Immigration and Nationality Act (8 U.S.C. 1227(a)(2)) is amended by adding at the end the following: ``(G) Evading arrest or detention while operating a motor vehicle.--Any alien who has been convicted of, who admits having committed, or who admits committing acts which constitute the essential elements of a violation of section 40B(a) of title 18, United States Code, is deportable.''. (c) Ineligibility for Relief.--Chapter 2 of title II of the Immigration and Nationality Act is amended by inserting after section 208 the following: ``SEC. 208A. INELIGIBILITY FOR RELIEF RELATED TO EVADING ARREST OR DETENTION WHILE OPERATING A MOTOR VEHICLE. ``Any alien who has been convicted of, who admits having committed, or who admits committing acts which constitute the essential elements of a violation of section 40B(a) of title 18, United States Code, shall be ineligible for relief under the immigration laws, including asylum under section 208.''. SEC. 4. ANNUAL REPORT. The Attorney General, in conjunction with the Secretary of Homeland Security, shall submit an annual report to the Committee on the Judiciary of the Senate and the Committee on the Judiciary of the House of Representatives that-- (1) identifies the number of people who committed a violation of section 40B(a) of title 18, United States Code, as added by section 2(a); and (2) summarizes-- (A) the number of individuals who were charged with the violation referred to in paragraph (1); (B) the number of individuals who were apprehended but not charged with such violation; (C) the number of individuals who committed such violation but were not apprehended; (D) the penalties sought in the charging documents pertaining to such violation; and (E) the penalties imposed for such violation. The SPEAKER pro tempore. The bill shall be debatable for 1 hour, equally divided and controlled by the majority leader and minority leader, or their respective designees. The gentleman from California (Mr. McClintock) and the gentleman from Maryland (Mr. Raskin) each will control 30 minutes. The Chair now recognizes the gentleman from California (Mr. McClintock). {time} 0915 General Leave Mr. McCLINTOCK. Mr. Speaker, I ask unanimous consent that all Members may have 5 legislative days in which to revise and extend their remarks and insert extraneous material on H.R. 35. The SPEAKER pro tempore. Is there objection to the request of the gentleman from California? There was no objection. Mr. McCLINTOCK. Mr. Speaker, I yield myself such time as I may consume. Mr. Speaker, one of the great tragedies that came of the Democrats' 4 years of open-border policies was the number of fatalities of American citizens and law enforcement officers that were caused by high-speed chases of human and drug smugglers and illegal aliens who poured across our southern border. The Democrats' open-border policies incentivized and encouraged these tragedies by creating the conditions that made these deadly high-speed chases commonplace. Just last year, Border Patrol agents in Eagle Pass told us that in the Del Rio sector alone, the cartels were making $32 million every week from human smuggling. That is just one sector of the southwest border. These policies created an enormous incentive that emboldened criminals and cartels and human smugglers and illegal aliens alike. High-speed chases with smugglers occurred almost daily in these border communities, placing both law enforcement officials and innocent Americans in grave danger. For example, last year, criminals led the Texas Department of Public Safety officers on a high-speed chase outside of Del Rio as they attempted to smuggle half a dozen illegal aliens into the interior of our country. At least one of the smugglers himself was a foreign national from Nicaragua. Amazingly, the Biden-Harris administration rewarded this criminal alien with a work authorization. These criminals also smuggle deadly drugs, like fentanyl, which has poisoned thousands of Americans. Roughly 1 month ago, in California, a high-speed chase ensued after two men had their car referred for secondary inspection at a port of entry. Border Patrol officers ultimately stopped the men and recovered nearly 5 pounds of fentanyl. That is enough to kill more than 100,000 Americans. At the beginning of the last Congress, Cochise County, Arizona, Sheriff Mark Dannels, a 38-year veteran of law enforcement, testified before the House Judiciary Committee. Sheriff Dannels told us about a woman named ``Wanda'' from his county who was killed while driving to her own 65th birthday party by an individual who was evading law enforcement while smuggling illegal aliens. She had hoped to enjoy some time at the party with her son, who was receiving treatment for stage IV cancer. According to Sheriff Dannels, the criminal who caused the crash was smuggling illegal aliens when he fled from law enforcement officers, blew through a red light, and crashed into Wanda's car, cutting it in half and instantly killing her. These dangerous car crashes kill our law enforcement heroes, as well. On December 7, 2022, Border Patrol Officer Raul Humberto Gonzalez got up, got dressed, and he left for work. His family would never see him again. He was killed later that day in Mission, Texas, doing his job trying to protect our country. A group of illegal aliens led him on a high-speed chase that ended in a fatal wreck that took his life. Authorities do not have the tools to fully prosecute and punish these criminals. Currently the failure to yield to a [[Page H684]] Border Patrol agent or any other law enforcement officer assisting Border Patrol is not explicitly criminalized under Federal law. At the same time, there are no specific immigration consequences for foreign nationals, including illegal aliens, who intentionally evade the Border Patrol. In other words, criminals and foreign nationals have little incentive not to evade them. On November 5, the American people sent a strong message to the world: There is only one pathway into the United States, and that is to obey our laws. This bill sends a message that we will no longer tolerate those who evade our law enforcement officers who are upholding those laws. H.R. 35 is named in honor and in memory of Agent Gonzalez. It ensures that those who endanger border communities and law enforcement officers by failing to yield to Border Patrol agents will face meaningful consequences, ensuring these illegal aliens can be prosecuted and will be ineligible for immigration relief under our laws. This legislation also provide

Referenced legislation: HRES5, HRES5, HR35