§ 3721 : POWERS OF IMMIGRATION OFFICERS AND EMPLOYEES AT SENSITIVE LOCATIONS.

 A. An enforcement action may not take place at, or be focused on, a sensitive location, except as follows:

i.

Under exigent circumstances.

ii.

If prior approval is obtained.

B.

If an enforcement action is taking place pursuant to subparagraph (A) and the condition permitting the enforcement action ceases, the enforcement action shall cease.

 A. When proceeding with an enforcement action at or near a sensitive location, officers and agents referred to in paragraph (1) shall conduct themselves as discreetly as possible, consistent with officer and public safety, and make every effort to limit the time at or focused on the sensitive location.

B.

If, in the course of an enforcement action that is not initiated at or focused on a sensitive location, officers or agents are led to or near a sensitive location, and no exigent circumstance exists, such officers or agents shall conduct themselves in a discreet manner, maintain surveillance, and immediately consult their supervisor before taking any further enforcement action, in order to determine whether such action should be discontinued.

C.

This section not apply to the transportation of an individual apprehended at or near a land or sea border to a hospital or healthcare provider for the purpose of providing such individual medical care.

 A. Each official specified in subparagraph (B) shall ensure that the employees under the supervision of such official receive annual training on compliance with the requirements of this subsection in enforcement actions at or focused on sensitive locations and enforcement actions that lead officers or agents to or near a sensitive location.

B.

The officials specified in ths subparagraph are the following:

i.

The Chief Counsel of U.S. Immigration and Customs Enforcement.

ii.

The Field Office Directors of U.S. Immigration and Customs Enforcement.

iii.

Each Special Agent in Charge of U.S. Immigration and Customs Enforcement.

iv.

Each Chief Patrol Agent of U.S. Customs and Border Protection.

v.

The Director of Field Operations of U.S. Customs and Border Protection.

vi.

The Director of Air and Marine Operations of U.S. Customs and Border Protection.

vii.

The Internal Affairs Special Agent in Charge of U.S. Customs and Border Protection.

 A. The Director of U.S. Immigration and Customs Enforcement and the Commissioner of U.S. Customs and Border Protection shall each submit to the appropriate committees of Congress each year a report on the enforcement actions undertaken by U.S. Immigration and Customs Enforcement and U.S. Customs and Border Protection, respectively, during the preceding year that were covered by this subsection.

B.

Each report on an agency for a year under this paragraph shall set forth the following:

i.

The number of enforcement actions at or focused on a sensitive location.

ii.

The number of enforcement actions where officers or agents were subsequently led to or near a sensitive location.

iii.

The date, site, and State, city, and county in which each enforcement action covered by clause (i) or (ii) occurred.

iv.

The component of the agency responsible for each such enforcement action.

v.

A description of the intended target of each such enforcement action.

vi.

The number of individuals, if any, arrested or taken into custody through each such enforcement action.

vii.

The number of collateral arrests, if any, from each such enforcement action and the reasons for each such arrest.

viii.

A certification of whether the location administrator was contacted prior to, during, or after each such enforcement action.

C.

Each report under this paragraph shall be made available to the public without the need to submit a request under section 552 of title 5, United States Code (commonly referred to as the Freedom of Information Act).

In this subsection:

A.

The term appropriate committees of Congress means—

i.

the Committee on Homeland Security and Governmental Affairs of the Senate;

ii.

the Committee on the Judiciary of the Senate;

iii.

the Committee on Homeland Security of the House of Representatives;

iv.

the Committee on the Judiciary of the House of Representatives.

B.

The term enforcement action means an arrest, interview, search, or surveillance for the purposes of immigration enforcement, and includes an enforcement action at, or focused on a sensitive location that is part of a joint case led by another law enforcement agency.

C.

The term exigent circumstances means a situation involving the following:

i.

The imminent risk of death, violence, or physical harm to any person, including a situation implicating terrorism or the national security of the United States in some other manner.

ii.

The immediate arrest or pursuit of a dangerous felon, terrorist suspect, or other individual presenting an imminent danger or public safety risk.

iii.

The imminent risk of destruction of evidence that is material to an ongoing criminal case.

D.

The term prior approval means the following:

i.

In the case of officers and agents of U.S. Immigration and Customs Enforcement, prior written approval for a specific, targeted operation from one of the following officials:

I.

The Assistant Director of Operations, Homeland Security Investigations.

II.

The Executive Associate Director of Homeland Security Investigations.

III.

The Assistant Director for Field Operations, Enforcement, and Removal Operations.

IV.

The Executive Associate Director for Field Operations, Enforcement and Removal Operations.

ii.

In the case of officers and agents of U.S. Customs and Border Protection, prior written approval for a specific, targeted operation from one of the following officials:

I.

A Chief Patrol Agent.

II.

The Director of Field Operations.

III.

The Director of Air and Marine Operations

IV.

The Internal Affairs Special Agent in Charge.

E.

The term sensitive location includes the following:

i.

Hospitals and health clinics.

ii.

Public and private schools (including pre-schools, primary schools, secondary schools, postsecondary schools (including colleges and universities), and other institutions of learning such as vocational or trade schools).

iii.

Organizations assisting children, pregnant women, victims of crime or abuse, or individuals with mental or physical disabilities.

iv.

Churches, synagogues, mosques, and other places of worship, such as buildings rented for the purpose of religious services.

v.

Such other locations as the Secretary of Homeland Security shall specify for purposes of this subsection.