S. 2869 – Agent Raul Gonzalez Officer Safety Act

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Updated January 20, 2026 at 11:35 AM UTC

The Agent Raul Gonzalez Officer Safety Act creates a new federal crime for people who intentionally flee a pursuing law‑enforcement officer while driving a vehicle within 100 miles of the U.S. border. It applies to anyone evading a Border Patrol officer or any other officer assisting Border Patrol. The law sets prison and fine penalties, with harsher sentences if the fleeing causes serious injury or death, and bars unlawful immigrants from ever obtaining legal status. The Attorney General must report annually on charges and penalties under the new offense.

Key Provisions

Adds a new offense, “evading arrest or detention while operating a motor vehicle,” for fleeing a pursuing Border Patrol or assisting officer within 100 miles of the border.
Sets a maximum two‑year prison term and fines for a basic violation.
Increases penalties to 5‑20 years imprisonment if serious bodily injury results, and 10 years to life imprisonment if death results.
Makes any unlawful immigrant who commits the offense permanently ineligible for any legal immigration status, including asylum.
Requires the Attorney General to submit an annual report to the Judiciary Committees on the number of charges, penalties sought, and penalties imposed under the new law.

Legislative Activity

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1 earlier action

SenateIntro Referral Latest Action

Read twice and referred to the Committee on the Judiciary.

Judiciary Committee

September 20, 2023

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SenateIntro Referral

Introduced in Senate

September 20, 2023

SenateIntro Referral

Read twice and referred to the Committee on the Judiciary.

Judiciary Committee

September 20, 2023

Bill Text

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Introduced in SenateIssued September 20, 2023

II

118th CONGRESS

1st Session

S. 2869

IN THE SENATE OF THE UNITED STATES

September 20, 2023

Mr. Cruz (for himself and Mr. Cornyn) introduced the following bill; which was read twice and referred to the Committee on the Judiciary

A BILL

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

1.

Short title

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

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:

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 officer 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).

(c)

Ineligibility for legal status

Any person who commits an offense described in subsection (a) while unlawfully present in the United States shall be permanently ineligible to apply for any legal status in the United States, including asylum.

.

(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.

.

3.

Annual report

The Attorney General shall submit an annual report to the Committee on the Judiciary of the Senate and the Committee on the Judiciary of the House of Representatives that—

(1)

identifies the number of people who were charged, during the reporting period, with a violation of section 40B(a) of title 18, United States Code, as added by section 2(a); and

(2)

summarizes—

(A)

the penalties sought in the charging documents pertaining to the violations referred to in paragraph (1); and

(B)

the penalties imposed for such violations.