Overview

Title

An Act To impose criminal and immigration penalties for intentionally fleeing a pursuing Federal officer while operating a motor vehicle.

ELI5 AI

H. R. 5585 is a proposal to make it a crime if someone tries to run away in a car from a police officer who works for the U.S. near the border. If they do and get caught, they could go to jail for up to 2 years, and if they're not from the U.S., they might have to leave the country.

Summary AI

H. R. 5585 aims to impose legal consequences on individuals who deliberately flee from a chasing Federal officer, such as a U.S. Border Patrol agent, while driving a vehicle within 100 miles of the U.S. border. Under this bill, offenders could face up to 2 years in prison, with heightened penalties if causing injury or death. Moreover, non-citizens convicted of this crime could be deemed inadmissible, deportable, and ineligible for certain immigration reliefs. The bill also mandates the Attorney General and Secretary of Homeland Security to deliver yearly reports to Congress summarizing violations and enforcement actions.

Published

2024-01-30
Congress: 118
Session: 2
Chamber: HOUSE
Status: Engrossed in House
Date: 2024-01-30
Package ID: BILLS-118hr5585eh

Bill Statistics

Size

Sections:
6
Words:
1,022
Pages:
8
Sentences:
16

Language

Nouns: 283
Verbs: 97
Adjectives: 35
Adverbs: 4
Numbers: 47
Entities: 55

Complexity

Average Token Length:
4.04
Average Sentence Length:
63.88
Token Entropy:
4.83
Readability (ARI):
32.83

AnalysisAI

The legislation known as H. R. 5585, or the "Agent Raul Gonzalez Officer Safety Act," seeks to impose criminal penalties on individuals who intentionally flee federal law enforcement while operating a motor vehicle near the United States border. Furthermore, the bill introduces significant immigration consequences for non-citizens involved in such offenses. This commentary will delve into the bill’s key components, evaluate its potential impacts, and consider the significance of its issues.

General Summary of the Bill

H. R. 5585 is primarily designed to deter individuals from evading law enforcement officers, particularly near U.S. borders, by prescribing severe criminal and immigration penalties. It proposes that violators can face prison terms of up to two years or fines, with increased penalties, including life imprisonment, for incidents resulting in serious injury or death. The bill further expands immigration laws by declaring non-citizens convicted of these offenses inadmissible, deportable, and ineligible for certain relief, such as asylum. Additionally, it mandates a yearly report to Congress detailing statistics and outcomes of such violations.

Significant Issues

This legislation is not without its critiques and ambiguities. A notable issue is the definition of "intentionally fleeing," which lacks clarity, potentially leading to inconsistent interpretations. The stipulation that the offense must occur within "100 miles of the United States border" could also be seen as arbitrary, possibly leaving similar offenses outside this range unaddressed. The bill’s penalties section lacks clear criteria for imposing fines, which might result in uneven enforcement.

Moreover, the amendments to the Immigration and Nationality Act introduce far-reaching consequences without specifying exceptions or mitigating circumstances, raising concerns of overly broad application. Finally, the annual reporting requirement lacks a specific submission deadline and detailed criteria, potentially affecting the report's consistency and reliability.

Potential Impacts on the Public

The bill could have broad implications for both citizens and non-citizens. By establishing stringent penalties, it aims to enhance law enforcement safety by discouraging flight from officers. However, the focus on incidents within 100 miles of a border may limit its effectiveness and fairness. For non-citizens, the bill's immigration consequences are severe, potentially affecting many who stand to lose their residency or eligibility for relief.

Impact on Specific Stakeholders

The law enforcement community may benefit positively from this bill, as it provides greater leeway and clarity in dealing with individuals who flee, theoretically enhancing officer safety through the deterrent of harsher penalties. For the general public, the prospect of safer border regions might be appealing.

Conversely, non-citizens, particularly those seeking asylum or relief, are poised to face significant challenges under this legislation. Given the absence of any outlined appeal process or mitigating factors, this community might experience heightened vulnerability to deportation, hence impacting their lawful residence or relief opportunities profoundly.

In conclusion, while the "Agent Raul Gonzalez Officer Safety Act" is motivated by law enforcement safety concerns, it raises several questions regarding its practical implementation and potential repercussions, especially concerning its effect on non-citizens and the ambiguously defined applications of its provisions.

Issues

  • The definition and application of 'intentionally fleeing' in Section 2 is potentially ambiguous, lacking a precise legal definition, which could lead to varying interpretations and application of the law.

  • The restriction to pursue within '100 miles of the United States border' in Sections 2 and 40B could be seen as arbitrary and may not account for situations slightly beyond this limit, leading to potential legal challenges.

  • Section 3's amendments to the Immigration and Nationality Act introduce inadmissibility and deportability consequences without detailing exceptions or mitigating circumstances, possibly resulting in overly broad applications.

  • The penalties described in Section 2 may lead to inconsistencies, particularly because the criteria for imposing fines are not specified, which could result in uneven enforcement.

  • There is no appeal process or means for aliens to contest their inadmissibility, deportability, or ineligibility for relief introduced in Section 3, potentially impacting due process rights.

  • The legal references in Sections 3 and 208A to 'section 40B(a) of title 18, United States Code' are not sufficiently explained, potentially causing confusion among those not familiar with this specific section.

  • The term 'acting pursuant to lawful authority' in Section 40B is vague and should be clarified to ensure consistent enforcement and understanding.

  • Section 4 lacks a clear deadline for the submission of the annual report, which might lead to delays and inconsistencies in reporting.

  • The absence of detailed criteria for determining penalties and reporting methods in Sections 2 and 4 could result in inconsistencies and lack of standardized enforcement across cases.

Sections

Sections are presented as they are annotated in the original legislative text. Any missing headers, numbers, or non-consecutive order is due to the original text.

1. Short title Read Opens in new tab

Summary AI

The first section of this Act states that it can be officially called the “Agent Raul Gonzalez Officer Safety Act.”

2. Criminal penalties for evading arrest or detention Read Opens in new tab

Summary AI

This proposed section of the law introduces criminal penalties for people who flee from law enforcement in a motor vehicle within 100 miles of the U.S. border. If caught, a person could face up to 2 years in prison or a fine, with harsher penalties if someone is seriously injured or killed during the attempt to evade, including up to life in prison if a death occurs.

40B. Evading arrest or detention while operating a motor vehicle Read Opens in new tab

Summary AI

A person can be charged with a crime if they drive a vehicle within 100 miles of the U.S. border and try to escape from Border Patrol or law enforcement officers working with Border Patrol. The penalties can range from up to 2 years in prison and fines to harsher sentences if someone is hurt or killed, including up to life in prison.

3. Inadmissibility, deportability, and ineligibility related to evading arrest or detention while operating a motor vehicle Read Opens in new tab

Summary AI

This section of the bill makes it so that anyone who has been involved in evading arrest or detention while driving a car is not allowed to enter or stay in the U.S., and they cannot apply for certain types of legal relief, like asylum.

208A. Ineligibility for relief related to evading arrest or detention while operating a motor vehicle Read Opens in new tab

Summary AI

Any non-citizen who has been convicted of, or who admits to committing, offenses related to evading arrest or detention while driving a motor vehicle is not eligible for immigration relief, including asylum.

4. Annual report Read Opens in new tab

Summary AI

The section requires the Attorney General and the Secretary of Homeland Security to create a yearly report for Congress that includes the number of people who broke a specific law, details about how many were charged, caught, or went uncharged, and the penalties given or proposed for those violations.