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H.R. 3852

Border Zone Reasonableness Restoration Act of 2019

Border Zone Reasonableness Restoration Act of 2019

This bill limits the ability of the Department of Homeland Security (DHS) to conduct searches and related activities without a warrant.

DHS may without warrant board a vehicle for border enforcement purposes within 25 miles of any U.S. border, whereas currently DHS has statutory authority to do so within a reasonable distance of a U.S. border. DHS may exercise such authority in a sector that extends up to 100 miles from a U.S. border upon certifying to Congress the necessity of such an extension.

DHS may not establish warrantless vehicle checkpoints beyond 10 miles from a U.S. border. Such checkpoints may not use race, gender, religion, or sex to any degree, except as descriptions of a specific suspect.

DHS may without warrant access private lands, but not dwellings, for border enforcement purposes within 10 miles of any U.S. border, whereas currently DHS has statutory authority to do so within 25 miles of a U.S. border. DHS may exercise such authority in a sector that extends up to 25 miles from a U.S. border upon certifying to Congress the necessity of such an extension.

An individual harmed by an extension of a maximum distance limitation under this bill may sue in federal district court.

DHS authority to conduct various border enforcement activities without warrant must be consistent with the Fourth Amendment.

Referred to the Subcommittee on Border Security, Facilitation, and Operations.

Rep. Welch, Peter [D-VT-At Large](D-VT)Sponsor
7 cosponsors7 D
7cosponsors2committees6actions1related bills10subjects
  1. Committee

    Referred to the Subcommittee on Border Security, Facilitation, and Operations.

    Border Security and Enforcement Subcommittee
  2. Committee

    Referred to the Subcommittee on Immigration and Citizenship.

    Immigration Integrity, Security, and Enforcement Subcommittee
  3. IntroReferralH11100

    Referred to the Committee on the Judiciary, and in addition to the Committee on Homeland Security, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.

    Homeland Security Committee
  4. IntroReferralH11100

    Referred to the Committee on the Judiciary, and in addition to the Committee on Homeland Security, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.

    Judiciary Committee
  5. IntroReferralIntro-H

    Introduced in House

  6. IntroReferral1000

    Introduced in House

Border Zone Reasonableness Restoration Act of 2019 — Informed