Agent Raul Gonzalez Officer Safety Act
- Bill Number
- S. 512
- Origin Chamber
- Senate
- Congress
- 119th Congress, Session 1
- Policy Area
- Crime and Law Enforcement
- Status
- Introduced
- Latest Action
- 2025-02-11: Read twice and referred to the Committee on the Judiciary.
- Last Updated
- 2026-06-11T14:57:00Z
AI-Generated Summary
Purpose
The Agent Raul Gonzalez Officer Safety Act aims to enhance the safety of federal law enforcement officers, particularly U.S. Border Patrol agents, by creating new criminal penalties for individuals who intentionally flee from them while driving a motor vehicle near the U.S. border. It also introduces immigration consequences to deter such actions and strengthen border enforcement.
Key Provisions
- New Criminal Offense (Section 40B of Title 18, U.S. Code):
- Makes it illegal to operate a motor vehicle within 100 miles of the U.S. border while intentionally fleeing from a U.S. Border Patrol agent acting under lawful authority, or from any federal, state, or local officer assisting or under Border Patrol command.
- Penalties for the Offense:
- Basic violation: Up to 2 years in prison, a fine, or both.
- If serious bodily injury (defined as significant physical harm requiring medical treatment) results: 5 to 20 years in prison, a fine, or both.
- If death results: 10 years to life in prison, a fine, or both.
- Immigration Consequences (Amendments to Immigration and Nationality Act):
- Inadmissibility: Non-citizens (aliens) convicted of, admitting to, or committing acts constituting the offense are barred from entering the U.S.
- Deportability: Such non-citizens can be removed from the U.S.
- Ineligibility for Relief: Bars access to immigration benefits, including asylum (protection from deportation for those fearing persecution in their home country).
- Annual Reporting Requirement: The Attorney General, in consultation with the Secretary of Homeland Security, must submit a yearly report to the Senate and House Judiciary Committees. The report covers:
- Number of violations of the new offense.
- Data on charges, apprehensions without charges, unapprehended cases, penalties sought, and penalties imposed.
Significant Changes to Existing Law
- Introduces a new federal crime specifically targeting vehicle evasion near the border, which was not previously outlined in this way in Title 18 of the U.S. Code (the section dealing with crimes related to national security and civil rights).
- Adds specific immigration grounds under the Immigration and Nationality Act for inadmissibility, deportability, and ineligibility for relief, expanding beyond general criminal convictions to target this border-related evasion act.
- Requires new data collection and reporting on enforcement, which did not exist for this specific behavior.
Potential Impacts
- On Government Agencies: Increases workload for the Department of Justice (prosecutions) and Department of Homeland Security (Border Patrol and immigration enforcement), including costs for investigations, trials, and deportations. The annual report could improve oversight and resource allocation for border security.
- On Citizens and Non-Citizens: U.S. citizens face new federal criminal risks if involved in evasion near the border, potentially leading to imprisonment. Non-citizens (including legal residents) risk deportation and loss of immigration status, deterring risky behavior but possibly affecting communities near borders.
- On International Relations: May strain relations with neighboring countries (e.g., Mexico) if it leads to more aggressive pursuits or deportations of their nationals, though it primarily focuses on domestic enforcement.
Main Stakeholders Affected
- Law Enforcement Officers: U.S. Border Patrol agents and assisting federal, state, or local officers benefit from enhanced protections and deterrence against evasion.
- Non-Citizens (Aliens): Immigrants, asylum seekers, and undocumented individuals near the border face heightened risks of criminal charges and immigration penalties.
- Federal Agencies: Department of Justice (enforcement and reporting), Department of Homeland Security (Border Patrol and immigration processing), and congressional Judiciary Committees (receiving reports).
- Border Communities: Residents and drivers within 100 miles of the border, including U.S. citizens, may experience increased patrols and legal scrutiny.
Notable Legal, Constitutional, or Political Implications
- Legal: Establishes a geographically limited offense (100-mile border zone), which could raise questions about jurisdictional clarity between federal and state laws on vehicle pursuits. The immigration bars apply broadly (including admissions without conviction), potentially streamlining deportations but limiting judicial review.
- Constitutional: May implicate due process rights under the Fifth Amendment by expanding grounds for inadmissibility and deportation without traditional hearings in some cases; equal protection concerns could arise if enforcement disproportionately affects certain groups, though the bill focuses on behavior rather than status.
- Political: Named after a fallen officer (Agent Raul Gonzalez), it signals a push for tougher border security measures, likely appealing to supporters of stricter immigration policies while drawing criticism for potentially over-criminalizing evasion in high-stakes pursuits. The bill's referral to the Judiciary Committee suggests it could influence broader debates on federal vs. state authority in immigration and law enforcement.
This summary was generated by AI and may contain inaccuracies. Refer to the official source document for the authoritative text.
Sponsor
Cosponsors (9)
Sen. Sheehy, Tim [R-MT], Sen. Cassidy, Bill [R-LA], Sen. Britt, Katie Boyd [R-AL], Sen. Cramer, Kevin [R-ND], Sen. Justice, James C. [R-WV], Sen. Budd, Ted [R-NC], Sen. Hyde-Smith, Cindy [R-MS], Sen. Lankford, James [R-OK], Sen. Hawley, Josh [R-MO]
Recent Actions
- 2025-02-11: Read twice and referred to the Committee on the Judiciary.
- 2025-02-11: Introduced in Senate
Bill Versions
- Agent Raul Gonzalez Officer Safety Act — issued 2025-02-11 — PDF (6 pages)