Agent Raul Gonzalez Officer Safety Act

Bill Number: H.R. 35
Origin Chamber: House
Congress: 119th Congress, Session 1
Policy Area: Crime and Law Enforcement
Status: Passed House
Latest Action: 2025-02-13: Received in the Senate and Read twice and referred to the Committee on the Judiciary.
Last Updated: 2026-07-11T00:53:18Z

AI-Generated Summary

Purpose

The Agent Raul Gonzalez Officer Safety Act (H.R. 35) aims to enhance the safety of law enforcement officers, particularly near U.S. borders, by establishing criminal penalties for intentionally fleeing from pursuing officers while driving a motor vehicle. It also introduces immigration consequences to deter such actions, especially by non-citizens.

Key Provisions

Criminal Offense: Creates a new federal crime under 18 U.S.C. § 40B for operating a motor vehicle within 100 miles of the U.S. border while intentionally evading a U.S. Border Patrol agent or any federal, state, or local officer assisting or under Border Patrol command.
Penalties:
Basic offense: Up to 2 years in prison, a fine, or both.
If the evasion causes serious bodily injury: 5 to 20 years in prison, a fine, or both.
If the evasion results in death: 10 years to life in prison, a fine, or both.
Immigration Consequences:
Aliens (non-citizens) convicted of, admitting to, or committing acts constituting this offense are inadmissible to the U.S. (cannot enter or stay), deportable (subject to removal), and ineligible for immigration relief, including asylum.
Reporting Requirement: The Attorney General and Secretary of Homeland Security must submit an annual report to congressional Judiciary Committees detailing violations of the new offense, including numbers charged, apprehended but not charged, not apprehended, penalties sought, and penalties imposed.

Significant Changes to Existing Law

Adds a new section (40B) to Chapter 2 of Title 18 of the U.S. Code, which previously lacked a specific federal statute criminalizing vehicle evasion near borders in this manner.
Amends the Immigration and Nationality Act (sections 212(a)(2), 237(a)(2), and adds section 208A) to expand grounds for inadmissibility, deportability, and ineligibility for relief, treating this evasion as a serious immigration violation akin to certain crimes.

Potential Impacts

Government Agencies: Increases workload for the Department of Justice (prosecutions), Department of Homeland Security (Border Patrol enforcement and immigration processing), and federal courts near borders; requires inter-agency reporting.
Citizens and Residents: U.S. citizens could face criminal charges and penalties for evasion, potentially leading to more arrests and convictions in border regions; no direct immigration impact on citizens.
Non-Citizens: Heightens risks for immigrants or visitors near borders, with automatic deportation triggers and barred access to protections like asylum, possibly affecting migration patterns.
International Relations: Could strain ties with neighboring countries (e.g., Mexico) if perceived as overly aggressive border enforcement, though it focuses on domestic law.

Main Stakeholders Affected

Law Enforcement: U.S. Border Patrol agents and assisting federal, state, or local officers benefit from stronger deterrence and penalties.
Immigrants and Non-Citizens: Aliens near borders face severe criminal and immigration repercussions, including removal proceedings.
Government Entities: Department of Justice, Department of Homeland Security, and congressional Judiciary Committees (via reporting).
Border Communities: Residents and drivers in the 100-mile border zone may experience heightened policing and legal risks.

Notable Legal, Constitutional, or Political Implications

Legal: Establishes a geographically limited (100-mile border zone) federal offense, which may overlap with state laws on fleeing police, potentially leading to dual prosecutions; immigration bars could limit judicial discretion in relief cases.
Constitutional: Raises questions about equal protection or due process, as the law applies broadly within the border zone (covering about two-thirds of the U.S. population) without distinguishing citizenship status for criminal penalties, though immigration provisions target non-citizens specifically.
Political: Named after a fallen Border Patrol agent, it underscores priorities in border security and officer safety; may fuel debates on immigration enforcement versus civil liberties, influencing future policy on federal-state law enforcement coordination.

This summary was generated by AI and may contain inaccuracies. Refer to the official source document for the authoritative text.

Sponsor

Rep. Ciscomani, Juan [R-AZ-6]

Cosponsors (32)

Rep. De La Cruz, Monica [R-TX-15], Rep. Higgins, Clay [R-LA-3], Rep. Weber, Randy K. Sr. [R-TX-14], Rep. Stauber, Pete [R-MN-8], Rep. Fitzgerald, Scott [R-WI-5], Rep. Houchin, Erin [R-IN-9], Rep. Meuser, Daniel [R-PA-9], Rep. Gonzales, Tony [R-TX-23], Rep. Tenney, Claudia [R-NY-24], Rep. Gimenez, Carlos A. [R-FL-28], Rep. Feenstra, Randy [R-IA-4], Rep. Ellzey, Jake [R-TX-6], Rep. Valadao, David G. [R-CA-22], Rep. Kustoff, David [R-TN-8], Rep. Miller-Meeks, Mariannette [R-IA-1], Rep. Nunn, Zachary [R-IA-3], Rep. Franklin, Scott [R-FL-18], Rep. Buchanan, Vern [R-FL-16], Rep. Cammack, Kat [R-FL-3], Rep. Langworthy, Nicholas A. [R-NY-23], Rep. Williams, Roger [R-TX-25], Rep. Webster, Daniel [R-FL-11], Rep. Lawler, Michael [R-NY-17], Rep. Murphy, Gregory F. [R-NC-3], Rep. Biggs, Sheri [R-SC-3], Rep. Haridopolos, Mike [R-FL-8], Rep. Mills, Cory [R-FL-7], Rep. Hamadeh, Abraham [R-AZ-8], Rep. Gill, Brandon [R-TX-26], Rep. Goldman, Craig [R-TX-12], Rep. Schmidt, Derek [R-KS-2], Rep. McGuire, John [R-VA-5]

Recent Actions

2025-02-13: Received in the Senate and Read twice and referred to the Committee on the Judiciary.
2025-02-13: Motion to reconsider laid on the table Agreed to without objection.
2025-02-13: On passage Passed by the Yeas and Nays: 264 - 155 (Roll no. 42). (text: CR H683) (Roll call 42)
2025-02-13: Passed/agreed to in House: On passage Passed by the Yeas and Nays: 264 - 155 (Roll no. 42). (text: CR H683) (Roll call 42)
2025-02-13: The previous question was ordered pursuant to the rule.
2025-02-13: DEBATE - The House proceeded with one hour of debate on H.R. 35.
2025-02-13: Considered under the provisions of rule H. Res. 5. (consideration: CR H682-691)
2025-01-03: Referred to the House Committee on the Judiciary.
2025-01-03: Introduced in House
2025-01-03: Introduced in House

Bill Versions

Agent Raul Gonzalez Officer Safety Act — issued 2025-02-13 — PDF (8 pages)
Agent Raul Gonzalez Officer Safety Act — issued 2025-01-03 — PDF (6 pages)
Agent Raul Gonzalez Officer Safety Act — issued 2025-02-13 — PDF (6 pages)