Agent Raul Gonzalez Officer Safety Act

SI-generated grade · five published checks · not individually reviewed by a person · methodology

This bill likely violates the Constitution by exceeding federal enumerated powers, infringing on the Tenth Amendment, and undermining due process and individual sovereignty. The creation of a 100-mile federal criminal zone and mandatory immigration penalties for fleeing from law enforcement within that zone represents a significant federal overreach into areas traditionally reserved to the states, and imposes punitive measures without adequate procedural safeguards.

• ✗ Concern · Enumerated powers
  The bill creates new federal criminal offenses for fleeing from law enforcement within 100 miles of the U.S. border. While the federal government has broad authority over immigration and border security under Article I, Section 8, Clause 4 (Naturalization) and the plenary power doctrine, this bill criminalizes conduct that is not inherently tied to immigration or border crossing. Fleeing from law …
• ✗ Concern · Bill of Rights
  The bill violates the Fourth Amendment by creating a de facto 'border zone' where fleeing from law enforcement triggers federal criminal penalties. The Fourth Amendment protects against unreasonable searches and seizures, and the Supreme Court has recognized a 'border search exception' only at actual border crossings (see *United States v. Flores-Montano*, 541 U.S. 149 (2004)). Extending this exce…
• ✗ Concern · Individual sovereignty
  The bill restricts an individual's freedom to operate a motor vehicle without being subject to federal criminal prosecution for fleeing from law enforcement within a 100-mile zone. While fleeing from law enforcement is not a protected right, the government must justify the restriction with a compelling interest. Here, the government's interest in border security is legitimate, but the bill's broad…
• ✗ Concern · Decentralization
  The bill fails the decentralization test on multiple counts. (1) An individual or family cannot handle fleeing from law enforcement on their own; this is a matter for government. (2) A local community or county could handle fleeing from law enforcement without state involvement, as this is a routine local policing matter. (3) A state could handle this without federal involvement, as states have th…
• ✗ Concern · Due process and takings
  The bill violates the Fifth Amendment's Due Process Clause by making non-U.S. nationals inadmissible, deportable, and ineligible for immigration relief (including asylum) upon conviction or admission of the offense. This imposes a severe penalty (deportation, loss of asylum eligibility) without a full and fair hearing on the underlying conduct. The bill also creates a mandatory minimum prison term…

Sources: Congress.gov: HR 35 summary