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House approves bill to make assault on federal working animals grounds for deportation without conviction
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Summary
The House passed H.R. 4638, the Federal Working Animal Protection Act, which would make noncitizens who assault federal working animals inadmissible and deportable and removes a conviction requirement in some cases; supporters cited a CBP beagle’s attack while opponents warned it erodes due process and risks deporting lawful residents.
The U.S. House of Representatives on March 19 passed H.R. 4638, the Federal Working Animal Protection Act, making assault of federal working animals by noncitizens a basis for inadmissibility and deportation and, in some cases, allowing removal without a criminal conviction. The bill passed after a recorded vote, 228 to 190.
Proponents said the measure closes a gap in protections for animals that assist law enforcement. “If you are a foreign national in our country and you hurt a federal working [animal] … you will be immediately deported,” said Representative Ken Calvert, the bill’s author, arguing the incident involving a Customs and Border Protection beagle named Freddie showed the need for clearer immigration consequences.
Opponents focused on what they called an erosion of due process. “This is the pipeline to those mass detentions and mass deportations,” said Representative Pramila Jayapal, who warned that removing the conviction requirement could subject long-term lawful residents to deportation without the same procedural safeguards in criminal court. Representative Jamie Raskin warned the bill removes essential protections and said the case cited by supporters had in fact resulted in prosecution and conviction before removal.
Under the bill as described on the floor, a noncitizen who willfully or maliciously harms a law-enforcement animal — including dogs and horses — could be found inadmissible and removable. Floor debate repeatedly referenced the Dulles Airport incident in which a beagle assigned to agricultural inspection alerted to prohibited goods and, according to members’ statements, was kicked; supporters said the offender was prosecuted and deported but argued the law should be explicit and permit more rapid removal in similar cases.
Democrats and other critics argued the change goes beyond current practice in a way that could deny immigrants convicted-or-not a full opportunity to seek restitution or to have criminal findings established before removal. Supporters replied that the bill includes either a conviction or an explicit admission of guilt as triggers in some circumstances and said the bill would not prevent prosecution for criminal sanctions.
A House member also asked that a Congressional Budget Office cost estimate be included in the record; that request was granted without objection. After debate under the special rule, the previous question was ordered, a recorded vote was taken and the chair announced the bill had passed. A motion to reconsider was laid on the table.
The bill’s next procedural steps will follow House practice for enrollment and transmittal to the Senate; members entered a CBO request into the record during debate. The House adjourned following the vote and will reconvene according to its announced schedule.
