Agent Raul Gonzalez Officer Safety Act
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The bill would create a new federal crime for fleeing from Border Patrol or cooperating law enforcement officers by vehicle within 100 miles of the U.S. border, with mandatory prison terms if the flight causes serious injury or death.
It would also make non-citizens convicted of or admitting to the offense inadmissible, deportable, and ineligible for asylum or other immigration relief, tying a new traffic-pursuit crime directly to immigration consequences.
What this bill would do
What it would do
The bill would add a new federal offense to Title 18 for operating a motor vehicle within 100 miles of the U.S. border while intentionally fleeing a pursuing Border Patrol agent or another federal, state, or local officer assisting or under Border Patrol's command. A basic violation would carry up to two years in prison and a fine; if the flight causes serious bodily injury, the penalty rises to a mandatory 5 to 20 years; if it causes a death, the mandatory minimum becomes 10 years up to life.
The bill would also amend the Immigration and Nationality Act so that any non-citizen convicted of, or who admits to, this offense becomes inadmissible, deportable, and ineligible for immigration relief including asylum. It would require the Attorney General and the Secretary of Homeland Security to jointly report annually to Congress on violations, charges, apprehensions, and penalties.
Key provisions
- 1Would create a new federal crime of operating a vehicle within 100 miles of the border while intentionally fleeing Border Patrol or assisting officers
- 2Would set penalties of up to 2 years for a basic violation, 5 to 20 years mandatory if serious bodily injury results, and 10 years to life mandatory if death results
- 3Would make non-citizens convicted of or admitting to the offense inadmissible under immigration law
- 4Would make such non-citizens deportable and ineligible for immigration relief, including asylum
- 5Would require the Attorney General and Secretary of Homeland Security to jointly submit an annual report to Congress on violations, charges, and penalties
Who would be affected
Drivers who flee from Border Patrol or cooperating law enforcement near the border, particularly non-citizens who could face both criminal prosecution and immigration consequences. The Department of Justice, Department of Homeland Security, and federal courts would also be affected through prosecution, reporting, and adjudication duties.
Why it matters
People who flee border-area law enforcement stops by vehicle would face a new dedicated federal crime and mandatory minimum sentences if anyone is hurt or killed, rather than relying on existing state or general federal offenses. For non-citizens, a conviction or even an admission of the conduct would foreclose asylum and other immigration relief and trigger deportation.
What would change
Changes to existing law
Creates Title 18, United States Code (Chapter 2) (Sec. 2)
Adds new Section 40B criminalizing fleeing by vehicle from Border Patrol or assisting officers near the border, with tiered penalties
Amends Immigration and Nationality Act, Section 212(a)(2) (Sec. 3(a))
Adds a new inadmissibility ground for conviction of or admission to the new evading-arrest offense
Amends Immigration and Nationality Act, Section 237(a)(2) (Sec. 3(b))
Adds a new deportability ground for conviction of or admission to the new evading-arrest offense
Creates Immigration and Nationality Act (Chapter 2 of Title II) (Sec. 3(c))
Adds new Section 208A making convicted or admitting individuals ineligible for immigration relief, including asylum
Agencies directed to act
How implementation would work
The new offense would be prosecuted under Title 18 by federal prosecutors, with penalties escalating based on whether the flight caused serious bodily injury or death. Immigration officials would apply the new inadmissibility, deportability, and relief-ineligibility grounds during removal proceedings and asylum adjudications whenever a conviction or qualifying admission exists. The Attorney General and Secretary of Homeland Security would jointly compile and submit an annual report to the House and Senate Judiciary Committees tracking violations, charges, apprehensions without charges, uncharged violations, and penalties sought and imposed.
Legislative status & sources
Latest action
Received in the Senate and Read twice and referred to the Committee on the Judiciary.
Official CRS summary
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This bill establishes new federal criminal offenses for operating a motor vehicle within 100 miles of the U.S. border while fleeing from a U.S. Border Patrol agent or a federal, state, or local law enforcement officer who is actively assisting or under the command of the U.S. Border Patrol.
The bill establishes criminal penalties for an offense, including a mandatory minimum prison term for an offense resulting in death or serious bodily injury. Additionally, a non-U.S. national who is convicted of or admits to committing an offense is inadmissible, deportable, and ineligible for immigration relief (including asylum).
Legislative subjects
Border security and unlawful immigration; Congressional oversight; Crime and Law Enforcement; Criminal investigation, prosecution, interrogation; Criminal procedure and sentencing; Immigration status and procedures; Motor vehicles