HR 35 · 119th CongressPassed Chamber

Agent Raul Gonzalez Officer Safety Act

Latest updateFeb 13, 2025

Passed/agreed to in House: On passage Passed by the Yeas and Nays: 264 - 155 (Roll no. 42). (text: CR H683)

Crime and Law Enforcement

Sponsor

Juan Ciscomani

Introduced

January 3, 2025

Latest action

February 13, 2025

Legislative Progress

How far this bill has traveled through Congress

Introduced

Bill filed in chamber

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Reviewed & reported

Passed Chamber

House or Senate vote

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President

Sent to White House

Enacted

Signed into law

Introduced

Bill filed in chamber

Committee

Reviewed & reported

Passed Chamber

House or Senate vote

Passed Both

House & Senate agree

President

Sent to White House

Enacted

Signed into law

Latest Action

Received in the Senate and Read twice and referred to the Committee on the Judiciary.

Plain-Language Summary

AI Generated

Currently, federal law does not specifically criminalize fleeing from law enforcement while driving near the U.S. border. While general laws address evasion of police and reckless driving, there is no dedicated federal offense targeting individuals who intentionally flee from Border Patrol agents or officers assisting them during motor vehicle pursuits in border regions. This gap means prosecutions rely on piecemeal charges that may not adequately reflect the specific danger posed by high-speed chases involving federal immigration enforcement.

The Agent Raul Gonzalez Officer Safety Act adds a new federal crime to title 18 of the U.S. Code. The statute requires that any person operating a motor vehicle within 100 miles of the U.S. border who intentionally flees from a pursuing U.S. Border Patrol agent or any federal, state, or local officer assisting Border Patrol commits a federal offense. The Department of Justice will prosecute violations. Base penalties include up to two years imprisonment and fines. If serious bodily injury results, sentences increase to a minimum of five years and up to 20 years. If death occurs, sentences range from a minimum of 10 years to life imprisonment.

The bill also amends the Immigration and Nationality Act to make conviction of this offense grounds for inadmissibility and deportability of non-citizens, and renders violators ineligible for any immigration relief, including asylum. The Department of Justice and Department of Homeland Security must jointly submit annual reports to Congress documenting the number of violations, charges filed, apprehensions, penalties sought, and penalties imposed. Implementation begins upon enactment, with no new appropriations specified. The reporting requirement creates ongoing data collection on enforcement patterns in border regions.

Key Provisions

1Establishes a new federal crime for intentionally fleeing from a pursuing U.S. Border Patrol agent or assisting law enforcement officer while operating a motor vehicle within 100 miles of the U.S. border, with base penalties of up to two years imprisonment and fines.
2Increases criminal penalties to a minimum of five years and maximum of 20 years imprisonment if serious bodily injury results from the motor vehicle evasion offense.
3Imposes a minimum of 10 years imprisonment up to life if death results from the motor vehicle evasion offense.
4Renders any non-citizen convicted of, or who admits committing, the motor vehicle evasion offense inadmissible to the United States, deportable if already present, and ineligible for any immigration relief including asylum.
5Requires the Attorney General and Secretary of Homeland Security to submit annual reports to Congress detailing the number of violations, charges filed, apprehensions, and penalties imposed under the new offense.

★ Why this matters

The law creates a new federal criminal offense specifically targeting high-speed vehicle pursuits involving Border Patrol, establishing mandatory minimum sentences for cases resulting in death or serious injury. Non-citizens convicted of this offense face automatic deportation and permanent ineligibility for asylum or other immigration relief. Federal prosecutors gain a dedicated charging tool for border-region vehicle chases, and Congress gains annual data on enforcement patterns and outcomes.

● Who this affects

U.S. Border Patrol agents and state and local law enforcement officers assisting with border enforcement operations face reduced legal uncertainty in prosecuting vehicle pursuits. Non-citizens apprehended for fleeing law enforcement near the border—particularly those from Mexico and Central America—will face enhanced criminal penalties and automatic immigration consequences. Immigration judges and the Department of Homeland Security will process deportations under the new inadmissibility and deportability grounds. Federal prosecutors in districts near the U.S. border will handle prosecutions under the new statute.

Bill Text

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<DOC>
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
119th CONGRESS
  1st Session
                                 H. R. 35

                                 AN ACT

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

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as ``Agent Raul Gonzalez Officer Safety 
Act''.

SEC. 2. CRIMINAL PENALTIES FOR EVADING ARREST OR DETENTION.

    (a) In General.--Chapter 2 of title 18, United States Code, is 
amended by adding at the end the following:
``Sec. 40B. Evading arrest or detention while operating a motor vehicle
    ``(a) Offense.--A person commits an offense under this section by 
operating a motor vehicle within 100 miles of the United States border 
while intentionally fleeing from--
            ``(1) a pursuing U.S. Border Patrol agent acting pursuant 
        to lawful authority; or
            ``(2) any pursuing Federal, State, or local law enforcement 
        officer who is actively assisting, or under the command of, 
        U.S. Border Patrol.
    ``(b) Penalties.--
            ``(1) In general.--Except as provided in paragraphs (2) and 
        (3), any person who commits an offense described in subsection 
        (a) shall be--
                    ``(A) imprisoned for a term of not more than 2 
                years;
                    ``(B) fined under this title; or
                    ``(C) subject to the penalties described in 
                subparagraphs (A) and (B).
            ``(2) Serious bodily injury.--If serious bodily injury 
        results from the commission of an offense described in 
        subsection (a), the person committing such offense shall be--
                    ``(A) imprisoned for a term of not less than 5 
                years and not more than 20 years;
                    ``(B) fined under this title; or
                    ``(C) subject to the penalties described in 
                subparagraphs (A) and (B).
            ``(3) Death.--If the death of any person results from the 
        commission of an offense described in subsection (a), the 
        person committing such offense shall be--
                    ``(A) imprisoned for a term of not less than 10 
                years and up to life;
                    ``(B) fined under this title; or
                    ``(C) subject to the penalties described in 
                subparagraphs (A) and (B).''.
    (b) Clerical Amendment.--The analysis for chapter 2 of title 18, 
United States Code, is amended by adding at the end the following:

``40B. Evading arrest or detention while operating a motor vehicle.''.

SEC. 3. INADMISSIBILITY, DEPORTABILITY, AND INELIGIBILITY RELATED TO 
              EVADING ARREST OR DETENTION WHILE OPERATING A MOTOR 
              V…

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Angela Alsobrooks

D-Maryland

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Agent Raul Gonzalez Officer Safety Act

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Agent Raul Gonzalez Officer Safety Act

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