Federal Working Animal Protection Act

Bill Number

H.R. 4638

Origin Chamber

House

Congress

119th Congress, Session 2

Policy Area

Immigration

Status

Passed House

Latest Action

2026-03-19: Received in the Senate and Read twice and referred to the Committee on the Judiciary.

Last Updated

2026-06-11T23:26:43Z

AI-Generated Summary

Purpose

The Federal Working Animal Protection Act (H.R. 4638) aims to protect animals used in law enforcement by making non-U.S. citizens (referred to as "aliens" in immigration law) who harm such animals ineligible to enter the U.S. and subject to removal if already present. It ties immigration consequences to a specific federal crime involving these animals.

Key Provisions

• Inadmissibility Ground: Amends Section 212(a)(2) of the Immigration and Nationality Act (INA) to add a new category (J). This bars entry to the U.S. for any alien who:
• Has been convicted of harming animals used in law enforcement (under 18 U.S.C. § 1368, a federal law prohibiting intentional harm to animals assisting in official duties, like police dogs or horses).
• Admits to committing the offense.
• Admits to acts that match the core elements of the offense.
• Deportability Ground: Amends Section 237(a)(2) of the INA to add a new category (G) with the same criteria, making such aliens removable (deportable) from the U.S. if they are already lawfully present.
• The bill applies to convictions, admissions, or equivalent acts under the specified federal statute, which covers animals aiding federal, state, or local law enforcement.

Significant Changes to Existing Law

• Introduces a new, specific immigration penalty linked to animal harm in law enforcement contexts, which was not previously a standalone ground for inadmissibility or deportability under the INA.
• Expands the list of crimes triggering immigration consequences, focusing on a niche federal offense (18 U.S.C. § 1368, enacted in 2002 to protect working animals but without direct immigration ties until now).
• No waivers or exceptions are mentioned, making this a strict addition compared to broader crime-based grounds in the INA that sometimes allow discretionary relief.

Potential Impacts

• On Government Agencies: U.S. Citizenship and Immigration Services (USCIS), Immigration and Customs Enforcement (ICE), and Customs and Border Protection (CBP) will need to screen for these convictions during visa applications, entry inspections, and removal proceedings, potentially increasing administrative workload. Law enforcement agencies using working animals (e.g., police departments) may see indirect benefits through stronger deterrents.
• On Citizens and Non-Citizens: U.S. citizens are unaffected, as the bill targets non-citizens. Aliens (including lawful permanent residents) with relevant convictions could face barriers to entry, status adjustments, or residency, leading to family separations or travel restrictions. It may deter crimes against working animals by non-citizens.
• On International Relations: Minimal direct impact, but could affect diplomatic ties if foreign nationals (e.g., tourists or diplomats' relatives) are denied entry due to convictions abroad recognized as equivalent under U.S. law.

Main Stakeholders Affected

• Non-Citizens (Aliens): Primarily those with convictions or admissions related to harming law enforcement animals, including immigrants, visa holders, and asylum seekers.
• Law Enforcement and Animal Handlers: Police, federal agents, and organizations like the FBI or local K-9 units, who benefit from enhanced protections for their working animals.
• Immigration Authorities: DHS agencies responsible for enforcement, adjudication, and border control.
• Animal Welfare Advocates: Groups supporting protections for service and working animals, who may view this as a positive step.

Notable Legal, Constitutional, or Political Implications

• Legal: Strengthens enforcement of 18 U.S.C. § 1368 by linking it to immigration law, potentially increasing prosecutions or pleas in animal harm cases involving non-citizens. It aligns with existing INA patterns of using criminal convictions for immigration bars but adds specificity, which could lead to challenges over what constitutes "essential elements" of the offense in non-U.S. jurisdictions.
• Constitutional: No apparent conflicts with due process or equal protection, as it applies uniformly to non-citizens and builds on established immigration powers (plenary power doctrine allows broad congressional control over non-citizen entry and removal). However, it might raise questions in court about retroactivity for pre-enactment convictions.
• Political: Reflects bipartisan support for law enforcement and animal welfare, as evidenced by House passage. It could appeal to pro-police constituencies but draw criticism from immigrant rights groups concerned about expanding deportability grounds without rehabilitation options.

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

Sponsor

Rep. Calvert, Ken [R-CA-41]

Cosponsors (19)

Rep. Tenney, Claudia [R-NY-24], Rep. Tiffany, Thomas P. [R-WI-7], Rep. Webster, Daniel [R-FL-11], Rep. McClintock, Tom [R-CA-5], Rep. Steube, W. Gregory [R-FL-17], Rep. Owens, Burgess [R-UT-4], Rep. Issa, Darrell [R-CA-48], Rep. Harrigan, Pat [R-NC-10], Rep. Fitzpatrick, Brian K. [R-PA-1], Rep. Buchanan, Vern [R-FL-16], Rep. Newhouse, Dan [R-WA-4], Rep. Rulli, Michael A. [R-OH-6], Rep. Williams, Roger [R-TX-25], Rep. Bacon, Don [R-NE-2], Rep. Stauber, Pete [R-MN-8], Rep. LaLota, Nick [R-NY-1], Rep. Gill, Brandon [R-TX-26], Rep. Crane, Elijah [R-AZ-2], Rep. Mace, Nancy [R-SC-1]

Recent Actions

• 2026-03-19: Received in the Senate and Read twice and referred to the Committee on the Judiciary.
• 2026-03-19: Motion to reconsider laid on the table Agreed to without objection.
• 2026-03-19: On passage Passed by the Yeas and Nays: 228 - 190 (Roll no. 96). (text of amendment in the nature of a substitute: CR H2600) (Roll call 96)
• 2026-03-19: Passed/agreed to in House: On passage Passed by the Yeas and Nays: 228 - 190 (Roll no. 96). (text of amendment in the nature of a substitute: CR H2600) (Roll call 96)
• 2026-03-19: The previous question was ordered pursuant to the rule.
• 2026-03-19: DEBATE - The House proceeded with one hour of debate on H.R. 4638.
• 2026-03-19: Rule provides for consideration of H.R. 556, H.R. 1958 and H.R. 4638. The resolution provides for consideration of H.R. 556, H.R. 1958, and H.R. 4638 under a closed rule. The resolution provides for one hour of general debate and one motion to recommit on each bill.
• 2026-03-19: Considered under the provisions of rule H. Res. 1115. (consideration: CR H2600-2606)
• 2026-03-17: Rule H. Res. 1115 passed House.
• 2026-03-16: Rules Committee Resolution H. Res. 1115 Reported to House. Rule provides for consideration of H.R. 556, H.R. 1958 and H.R. 4638. The resolution provides for consideration of H.R. 556, H.R. 1958, and H.R. 4638 under a closed rule. The resolution provides for one hour of general debate and one motion to recommit on each bill.
• 2025-12-12: Placed on the Union Calendar, Calendar No. 355.
• 2025-12-12: Reported (Amended) by the Committee on Judiciary. H. Rept. 119-407.
• 2025-12-12: Reported (Amended) by the Committee on Judiciary. H. Rept. 119-407.
• 2025-11-20: Ordered to be Reported (Amended) by the Yeas and Nays: 18 - 12.
• 2025-11-20: Committee Consideration and Mark-up Session Held

Bill Versions

• Federal Working Animal Protection Act — issued 2026-03-19 — PDF (4 pages)
• Bill to Outlaw Wounding of Official Working Animals Act — issued 2025-07-23 — PDF (2 pages)
• Federal Working Animal Protection Act — issued 2026-03-19 — PDF (3 pages)
• Bill to Outlaw Wounding of Official Working Animals Act of 2025 — issued 2025-12-12 — PDF (6 pages)

Related Bills

• H.Res. 1115 (119th Congress)