[Congressional Record Volume 171, Number 131 (Wednesday, July 30, 2025)]
[Senate]
[Pages S4947-S4948]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
SA 3182. Mr. PADILLA submitted an amendment intended to be proposed
by him to the bill S. 2296, to authorize appropriations for fiscal year
2026 for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:
At the end of subtitle D of title X, add the following:
SEC. 1038. REQUIREMENT FOR VISIBLE IDENTIFICATION DURING
IMMIGRATION ENFORCEMENT.
(a) Short Titles.--This section may be cited as the
``Visible Identification Standards for Immigration-Based Law
Enforcement Act of 2025'' or the ``VISIBLE Act''.
(b) Findings.--Congress finds that--
(1) transparency and accountability in public immigration
enforcement are essential to maintaining public trust and
upholding constitutional governance; and
(2) immigration enforcement officers should be visibly
identifiable during any civil immigration enforcement
activity at which members of the public may be directly
engaged or present, including actions involving civil and
criminal authority, unless the activity is truly covert and
not observable by the public.
(c) In General.--Section 287 of the Immigration and
Nationality Act (8 U.S.C. 1357) is amended by adding at the
end the following:
``(i)(1) In this subsection:
``(A) The term `covered immigration officer' means any
individual who is--
``(i) authorized to perform immigration enforcement
functions; and
``(ii)(I) an officer or employee of U.S. Customs and Border
Protection;
``(II) an officer or employee of U.S. Immigration and
Customs Enforcement; or
``(III) an individual authorized, deputized, or designated
under Federal law, regulation, or agreement to perform
immigration enforcement functions, including pursuant to
section 287(g) or any other delegation or agreement with the
Department of Homeland Security.
``(B) The term `public immigration enforcement function'--
``(i) means any activity that involves the direct exercise
of Federal immigration authority through public-facing
actions, including a patrol, a stop, an arrest, a search, an
interview to determine immigration status, a raid, a
checkpoint inspection, or the service of a judicial or
administrative warrant; and
``(ii) does not include covert, non-public operations or
non-enforcement activities.
``(C) The term `visible identification' means a display of
an immigration officer's agency and name or badge number in a
size and format that complies with the requirements under
paragraph (3).
``(2) Each covered immigration officer who directly engages
in a public immigration enforcement function within the
United States shall, at all times during such engagement,
wear visible identification, which shall include--
``(A) the full name or widely recognized initials of the
officer's employing agency; and
``(B)(i) the officer's last name; or
``(ii) the officer's unique badge or identification number.
``(3) The identifying information described in this
paragraph shall be--
``(A) for the immigration officer's agency, displayed in a
size and format that is clearly legible from a distance of
not less than 25 feet, using materials or markings suitable
for visibility in both daylight and low-light conditions,
under normal operation conditions;
``(B) for the officer's name or badge number, displayed in
a manner that is clearly visible and readable during direct
engagement with the public; and
``(C) displayed on the outermost garment or gear and not
obscured by tactical equipment, body armor, or accessories.
``(4) Covered immigration officers may not wear non-medical
face coverings, including masks or balaclavas, that impair
the visibility of the identifying information required under
this subsection or obscure the officer's face unless such
face coverings are operationally necessary--
``(A) to protect the integrity of a covert, non-public
operation; or
``(B) to guard against hazardous environmental
conditions.''.
(d) Internal Accountability.--The Secretary of Homeland
Security shall ensure that any covered immigration officer
who fails to comply with the requirements under section
287(i) of the Immigration and Nationality Act, as added by
subsection (c), receive appropriate administrative
discipline, including written reprimand, suspension, or other
personnel actions, consistent with agency policy and any
applicable collective bargaining agreement.
(e) Annual Report to Congress.--Not later than 1 year after
the date of the enactment of this Act, and annually
thereafter, the Secretary of Homeland Security shall submit a
report to the Office for Civil Rights and Civil Liberties of
the Department of Homeland Security, the Committee on the
Judiciary of the Senate, the Committee on Homeland Security
and Governmental Affairs of the Senate, the Committee on the
Judiciary of the House of Representatives, and the Committee
on Homeland Security of the House of Representatives that
includes--
[[Page S4948]]
(1) the total number of public immigration enforcement
functions conducted during the reporting period;
(2) the number of documented instances of noncompliance
with section 287(i) of the Immigration and Nationality Act,
as added by subsection (c); and
(3) a summary of disciplinary or remedial actions taken
against those responsible for such instances of
noncompliance.
(f) Role of the Office for Civil Rights and Civil
Liberties.--The Office for Civil Rights and Civil Liberties
of the Department of Homeland Security shall--
(1) receive and investigate complaints from the public
concerning violations of section 287(i) of the Immigration
and Nationality Act, as added by subsection (c);
(2) issue recommendations to relevant Department of
Homeland Security components concerning compliance and
corrective actions that should be taken;
(3) include findings and actions taken pursuant to this
section, including information contained in the report
received pursuant to subsection (e), in its annual public
report submitted pursuant to section 705(b) of the Homeland
Security Act of 2002 (6 U.S.C. 345(b)); and
(4) carry out the responsibilities under this subsection in
accordance with its statutory authorities, which may include
coordination with the Office of Inspector General of the
Department, as appropriate.
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