Enforcement limits

The Immigration and Nationality Act is amended by inserting after section 287 the following:

287A.

Federal immigration enforcement

(a)

Use of force

(1)

Requirements

All Federal immigration enforcement personnel shall be subject to the following requirements: (A)

Use of force standard

Federal immigration enforcement personnel may use non-deadly force as follows: (i)No reasonably effective, safe, and feasible alternative appears to exist to bring an unlawful situation safely and effectively under control, and the level of force used is proportional to the seriousness of the actual or threatened resistance. (ii)Agents shall account for factors such as age, injury, disability, and size of the subject when assessing reasonableness. (iii)The reasonableness of a particular use of force must be judged from the perspective of a reasonable officer on the scene, and its calculus must account for the fact that law enforcement personnel are often forced to make split-second decisions, in circumstances that are tense, uncertain, and rapidly evolving, about the amount of force necessary in a particular situation. (iv)Federal immigration enforcement personnel who make or attempt to make an arrest need not retreat or desist from their efforts by reason of the resistance or threatened resistance of the person being arrested. Federal immigration enforcement personnel shall not be deemed an aggressor or lose the right to self-defense by the use of force when no reasonably effective, safe, and feasible alternative appears to exist, in compliance with clause (i), to effect the arrest or to prevent escape or to overcome resistance. For the purposes of this section, retreat does not mean tactical repositioning or other de-escalation tactics. (B)

Minimization of risk

Federal immigration enforcement personnel shall minimize the risk of injury to a third person when using non-deadly force. (C)

Deescalation

Federal immigration enforcement personnel shall make all reasonable efforts to de-escalate tensions prior to using force. (D)

Affirmative duty

Federal immigration enforcement personnel shall have an affirmative duty to intervene to prevent or stop, as appropriate, any other Federal immigration enforcement personnel from engaging in excessive force or any other use of force that violates the Constitution, other Federal laws, or policies on the reasonable use of force. Such personnel who witness excessive use of force shall also have a duty to report it to their chain of command or the Department of Homeland Security’s Office of the Inspector General. Such personnel shall recognize and act upon the affirmative duty to request and, as appropriate, render medical aid, if needed. (E)

Masks

Federal immigration enforcement personnel shall limit the use of masks or face coverings, except in the case that a supervisory officer provides written approval for such use in one of the following instances: (i)The target poses a national security threat. (ii)There is a high likelihood that the personnel needs to maintain anonymity for future covert operations. (iii)Masks are necessary to protect personnel’s health from environmental hazards. (F)

Identification

(i)

In general

Federal immigration enforcement personnel shall wear a uniform or identification clearly displaying their agency or that they are Federal immigration enforcement personnel, unless— (I)the target poses a public safety or national security threat; (II)not wearing identification is necessary to safely carry out the operation; and (III)the personnel receives prior written approval from a supervisory officer. (ii)

Restriction

No uniform of Federal immigration enforcement personnel may use the title Police or any other identifier that may result in them being misidentified as local police officers. (2)

Restricted equipment

Federal immigration enforcement personnel are prohibited from being equipped with or using noise flash diversionary devices (also known as flash bangs), rubber bullets, pepper balls, and tear gas, except for the following immigration enforcement operations purposes: (A)An immigration enforcement operation involving the arrest of a person in the presence or view of Federal immigration enforcement personnel who is entering or attempting to enter the United States in violation of any law. (B)An immigration enforcement operation with respect to an enforcement target presenting a public safety or national security threat. To qualify for this exception, personnel are required to complete a tactical action plan, to be approved by their supervisor, outlining the equipment they plan to use in the operation and provide justification for the need for this equipment. Personnel may also complete a tactical action plan, to be approved by their supervisor, to provide them with the contingent authority to appropriately use restricted equipment in specified operations targeting national security or public safety threats in the event personnel unexpectedly encounter their target and do not have time to seek additional approval without jeopardizing apprehension of the target. (C)The exceptions under this paragraph shall only apply in the case of Federal immigration enforcement personnel who are trained and certified for the use of the specified equipment. (3)

Backup team

(A)

In general

For any operation not qualifying for an exception under paragraph (2), such operation may maintain a trained and certified backup team equipped with restricted nondeadly equipment that can be deployed when the safety of the primary Federal immigration enforcement personnel, or others, is at risk. (B)

First Amendment activities

The safety of Federal immigration enforcement personnel shall not be determined to be at risk solely due to lawful protest or other protected First Amendment activities. (4)

Discipline

The Office for Civil Rights and Civil Liberties of the Department of Homeland Security and the Office of the Inspector General of the Department of Justice shall be required to investigate and, if necessary, discipline any Federal immigration enforcement personnel, within their primary jurisdiction, who violates this subsection. (b)

Body and vehicle Camera requirements

(1)

In general

Not later than 180 days after the date of the enactment of this section, the Secretary of Homeland Security shall develop and disseminate a Department-wide directive requiring the use of— (A)body-worn cameras by all Federal immigration enforcement personnel; and (B)dashboard cameras for all vehicles being used in Federal immigration enforcement operations and associated recording protocols. (2)

Principles

In preparing the directive required under paragraph (1), the Secretary of Homeland Security shall include the following: (A)Benchmarks for implementation of the use of body-worn cameras by Federal immigration enforcement personnel and dashboard cameras for vehicles being used for Federal immigration enforcement to conform with a standard that cameras are on by default and may only be turned off in certain circumstances. (B)Training requirements, procedures, and best practices for the use of body-worn cameras and dashboard cameras. (C)Plans to publicize the directive and the requirements set forth in this section to ensure Federal immigration enforcement personnel and other impacted individuals are notified of new policies. (3)

Exception

The directive required under paragraph (1) shall not apply to any personnel who operate in a location where the Secretary carries out redundant video-monitoring or video-surveillance that is maintained in good working order and that provides video footage of a quality that is the same or better than that which would be captured by a body-worn camera or dashboard camera. (4)

Retention of footage

(A)

In general

Body camera and dashboard camera video footage shall be retained by the Department of Homeland Security for 1 year after the date on which it was recorded, after which time such footage shall be permanently deleted. (B)

Additional retention requirements

Notwithstanding the retention and deletion requirements in subparagraph (A)— (i)such video footage shall be automatically retained for not less than three years if the video footage captures an interaction or event involving— (I)any use of force; or (II)an encounter involving a registered complaint by a subject of the video footage; (ii)such video footage shall be retained for not less than three years if a longer retention period is voluntarily requested by— (I)the Federal immigration enforcement personnel whose body camera recorded the video footage, if that personnel reasonably asserts the video footage has evidentiary or exculpatory value in an ongoing investigation or is a subject of the video footage, if the personnel reasonably asserts the video footage has evidentiary or exculpatory value; (II)any superior officer of the personnel whose body camera recorded the video footage or who is a subject of the video footage, if that superior officer reasonably asserts the video footage has evidentiary or exculpatory value; (III)any uniformed law enforcement officer, if the video footage is being retained solely and exclusively for enforcement training purposes; (IV)any member of the public who is a subject of the video footage; (V)any parent or legal guardian of a minor who is a subject of the video footage; or (VI)a spouse of a deceased subject, next of kin, or legally authorized designee; or (iii)footage may not be discarded until the conclusion of any investigation or lawsuit to which the footage is relevant. (5)

Right to inspect

During the retention periods described in paragraph (4), the following individuals shall have the right to inspect, but not retain or in any matter alter, the body camera footage: (A)Any individual who is a subject of body camera video footage, and their designated legal counsel. (B)A parent of a minor subject of body camera video footage, and their designated legal counsel. (C)The spouse, next of kin, or legally authorized designee of a deceased subject of body camera video footage, and their designated legal counsel. (D)Federal immigration enforcement personnel whose body camera recorded the video footage, and their designated legal counsel, subject to the limitations and restrictions in this part. (E)The superior officer of the personnel whose body camera recorded the video footage, subject to the limitations and restrictions in this part. (F)Any defense counsel who claims, pursuant to a written affidavit, to have a reasonable basis for believing a video may contain evidence that exculpates a client. (G)Any Member of Congress representing the district in which the operation in the video took place. (H)Any Member of Congress who sits on a relevant Committee of jurisdiction. (c)

Training

Federal immigration enforcement personnel shall receive training, at least annually— (1)on use of force policy and related legal updates; and (2)to— (A)reinforce the appropriate exercise of discretion and judgment in using non-deadly and deadly force; (B)provide techniques for the use of and reinforce the importance of de-escalation; (C)comply with the First Amendment’s protections for journalists, protesters, and those who assemble; (D)comply with the Fourth Amendment’s protections against unreasonable searches and seizures; (E)reinforce the illegality of determining immigration enforcement targets primarily based on race; (F)reinforce the affirmative duty to intervene to prevent or stop, as appropriate, any officer from engaging in excessive force or any other use of force that violates the Constitution, other Federal laws, or policies on the reasonable use of force; (G)reinforce the affirmative duty to request and/or render medical aid, as appropriate, where needed; and (H)document and keep records of practice for immigration enforcement operations. (d)

Requiring notification for local law enforcement

Federal immigration enforcement shall notify local law enforcement of impending operations in their jurisdiction. (e)

DHS reporting requirements

Beginning not later than 3 months after the date of enactment of this subsection, the Secretary of Homeland Security shall submit to Congress the following reports on the criteria Federal immigration enforcement personnel use to determine whether an immigrant poses a public safety or national security threat: (1)The Secretary of Homeland Security shall submit to Congress a report every 6 months detailing instances where non-deadly force was used, the level of public safety or national security threat the target posed, for what reason non-deadly force was administered, specific instances where non-deadly force was improperly administered, and the measures the Department took to ensure accountability for improper use of force. (2)The Secretary of Homeland Security shall submit to Congress a report every 6 months detailing instances of assaults against Federal immigration enforcement personnel. The report shall include the total number of personnel involved in immigration enforcement operations, the number of assaults against Federal immigration enforcement personnel, and details on the severity of those instances. (3)The Secretary of Homeland Security shall send a classified report to Congress every 6 months detailing instances in which Federal immigration enforcement personnel operated without identification. (4)The Secretary of Homeland Security shall submit a report to Congress every 6 months on the frequency of Federal immigration enforcement personnel using facial coverings. (f)

DOJ reporting requirement

The Attorney General shall submit a report to Congress every 6 months on the number and circumstances of incidents of individuals falsely impersonating a Federal immigration enforcement personnel, the public safety impact of individuals posing as immigration enforcement, and how the Department of Justice is combating impersonations. (g)

Database

(1)

In general

The Secretary of Homeland Security shall maintain a database accessible to supervisors of Federal immigration enforcement personnel with proof of certification and training for all Federal immigration enforcement personnel who will use equipment restricted under this subsection. (2)

Enforcement

(A)

Supervisor responsibility

Each supervisor shall be responsible and held accountable if Federal immigration enforcement personnel without proper training and certification use restricted equipment under subsection (a)(2). (B)

Improper approvals

Each supervisor shall also be responsible and held accountable for clearly improper approval of the authority under paragraph (1). (3)

In general

The Secretary of Homeland Security shall create a searchable and organizable database, including all reports from Federal immigration enforcement personnel, for the following systems: (A)Use of Force Incident Reporting System, which is mandatory for all deployments of force. (B)Significant Incident Reports, which is mandatory for all operational anomalies or escalations. (C)Civil Rights and Civil Liberties reporting, which is mandatory for all allegations of abuse or misconduct. (4)

Availability

(A)

Unredacted availability

Entries from the database described in paragraph (3) shall be accessible to— (i)each Member of Congress representing the district in which the area of operation is located; or (ii)a Member of Congress who sits on a relevant committee of jurisdiction. (B)

Redacted availability

The Secretary of Homeland Security shall make available to the public a version of the database that redacts any sensitive, personal information. (h)

Definitions

In this section: (1)

Federal immigration enforcement personnel

The term Federal immigration enforcement personnel includes any immigration agent or officer who is using the authority to conduct arrests or enforcement actions under sections 236 and 287 or provides support to personnel conducting an enforcement action. (2)

National security threat

The term national security threat means any threat, as determined by the Secretary of Homeland Security, posed by transnational criminal organizations, cartels, human trafficking organizations, foreign terrorist organizations, and gangs with a demonstrated international reach. (3)

Public safety threat

The term public safety threat means an imminent and substantial threat, as determined by the Secretary of Homeland Security, to the safety of others posed by an individual.