(The Center Square) – Republicans in Congress introduced a bill to increase penalties for illegal border crossers who evade arrest.
The Agent Raul Gonzalez Officer Safety Act makes it a crime to flee from law enforcement officers when they are performing their duties.
The bill was filed by U.S. Sen. Ted Cruz, R-Texas, and multiple cosponsors in the Senate. In the House, it was filed by U.S. Reps. Juan Ciscomani, R-Ariz., and Monica De La Cruz, R-Texas.
It’s named after Texas Border Patrol agent Raul Gonzalez, Jr., who died on Dec. 7, 2022, while pursuing a group of foreign nationals who illegally entered the country and sought to evade capture, known as gotaways. Gonzalez crashed and died in a high-speed pursuit on an ATV near Mission, Texas.
Under the Biden administration, more than 14 million foreign nationals illegally entered the country, including more than two million gotaways, The Center Square exclusively reported.
“This legislation honors the sacrifice of Agent Raul Gonzalez, Jr., who lost his life pursuing individuals evading capture,” Cruz said. “It sends a clear message that if you endanger American lives, you will face serious consequences. This bill is a critical step toward protecting our communities and ensuring criminals can no longer exploit past failures.”
The bill would amend Chapter 2 of title 18, United States Code, to impose criminal and immigration penalties for intentionally fleeing pursuing law enforcement officers while operating a motor vehicle. The offense must be committed within 100 miles of the U.S. border and applies to Border Patrol agents or any federal, state or local law enforcement officer who is actively assisting or under the command of Border Patrol.
Anyone who flees Border Patrol or other law enforcement agents would face up to two years in prison. If while fleeing they cause serious bodily injury to law enforcement officers, the penalty increases to between five and 20 years in prison. If a law enforcement officer dies while in pursuit, the penalty increases to life in prison, according to the bill language.
The bill also would amend the Immigration Nationality Act to make evading arrest or detention while operating a motor vehicle a deportable offense. It deems illegal border crossers who evade arrest as inadmissible and ineligible for asylum. It also includes reporting requirements for the Attorney General and Secretary of Homeland Security.
“Agent Gonzalez’s sacrifice is a stark reminder of the dangers our Border Patrol agents face daily,” De La Cruz, who represents the Rio Grande Valley where Gonzalez lived, said. “This legislation is about ensuring that those who endanger the lives of our agents are held accountable.”
With a new administration committed to border security, she expects the bill to pass in the Senate and be signed into law. “I look forward to seeing this critical legislation become law as part of our broader effort to restore safety and order at our southern border,” she said.
De La Cruz previously filed the bill, which passed in the House but went nowhere in the Senate. Cruz also previously filed the bill.
“Down here in the Rio Grande Valley, we have a large community of Border Patrol Agents – so we hear firsthand about the tragedies that can happen,” De La Cruz said. “So it was important we pass legislation to protect those that are protecting us.”
Agent Gonzalez, 38, began serving in Border Patrol on Aug. 1, 2011, as part of the 980th session of the Border Patrol Academy, according to U.S. Customs and Border Protection. He was killed in the line of duty while assigned to the McAllen Station in the CBP Rio Grande Valley Sector in Texas. He is survived by his parents, his brother and two children.
De La Cruz, Cruz and U.S. Sen. Cornyn, R-Texas, also filed a bill to rename a post office after him. In 2023, the post office at 620 E. Pecan Blvd. in McAllen was renamed as the Agent Raul H. Gonzalez Jr. Memorial Post Office.