[Congressional Record Volume 172, Number 94 (Wednesday, June 3, 2026)]
[Senate]
[Pages S2540-S2542]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
SA 5530. Mr. BENNET submitted an amendment intended to be proposed by
him to the bill S. 2, to provide for reconciliation pursuant to title
II of S. Con. Res. 33; which was ordered to lie on the table; as
follows:
At the end of the bill, add the following:
TITLE III--IMMIGRATION ENFORCEMENT OFFICER HIRING AND SCREENING
STANDARDS
SEC. 301. SHORT TITLES.
This title may be cited as the ``Training, Responsibility,
Uniforms, and Standards for Transparency Act'' or the ``TRUST
Act''.
SEC. 302. STRENGTHENED HIRING AND SCREENING STANDARDS FOR
IMMIGRATION ENFORCEMENT OFFICERS.
(a) Minimum Eligibility Requirements.--The Secretary of
Homeland Security shall enhance the performance,
professionalism, and integrity of immigration enforcement
officers and agents by establishing strengthened hiring and
screening standards for all newly hired officers and agents.
(b) Standards.--The standards required under subsection (a)
shall require each applicant--
(1) to be at least 20 years of age at the time of
application and at least 21 years of age at the start of the
next scheduled basic training academy;
(2) to possess a high school diploma or equivalent
credential at the time of application;
(3) to possess authorization to live and work in the United
States, as demonstrated by documentation sufficient to
satisfy employment eligibility verification requirements
under Federal law; and
(4) to undergo comprehensive background investigations that
include--
(A) criminal history checks;
(B) reviews of prior law enforcement or military service,
including disciplinary records and sustained complaints;
(C) screening for any history of domestic violence, sexual
assault, or other violent conduct;
(D) drug use screening consistent with Federal law;
(E) reviews for affiliations with terrorist organizations,
violent extremist groups, or hate-based organizations;
(F) reviews of publicly available social media and online
activity for evidence of bias, extremism, discriminatory
conduct, or advocacy of violence; and
(G) psychological suitability assessments to ensure fitness
for duty, sound judgment, and the ability to safely interact
with the public.
SEC. 303. DEPARTMENT OF HOMELAND SECURITY UNIFORM AND
IDENTIFICATION REGULATIONS.
(a) Findings.--Congress finds that Department of Homeland
Security law enforcement personnel, including U.S.
Immigration and Customs Enforcement officers and agents
(including Enforcement and Removal Operations and Homeland
Security Investigations) and U.S. Customs and Border
Protection officers, agents, and specialists, wear a uniform
that identifies such personnel--
(1) as Federal immigration law enforcement authorities; and
(2) as authorized personnel of a specific directorate
within the Department of Homeland Security and not as
``Police''.
(b) Uniform Requirements.--
(1) In general.--All uniformed Department of Homeland
Security law enforcement personnel, including sworn U.S.
Immigration and Customs Enforcement officers and agents and
U.S. Customs and Border Protection officers, agents, and
specialists--
(A) shall possess and maintain at all times a serviceable
uniform and the necessary equipment to perform uniformed
field duty;
(B) shall maintain their uniforms and equipment in a
serviceable condition in order to be ready at any time for
immediate use;
(C) shall keep their uniforms neat, clean, and having the
appearance of being professionally pressed;
(D) may only wear the uniform specified for their rank,
assignment, and component within the Department of Homeland
Security;
(E) may not loan any portion of the uniform to others; and
(F) may not permit the uniform, badge, insignia, or
markings to be reproduced or duplicated.
(2) Inspections.--All supervisors shall perform periodic
inspections of Department of Homeland Security law
enforcement personnel to ensure conformance with Department
of Homeland Security uniform specifications and procedures.
(3) Civilian attire.--Civilian attire may not be worn in
combination with any distinguishable part of the official
Department of Homeland Security uniform.
(4) Time and place restrictions.--Department of Homeland
Security law enforcement personnel may only wear a uniform
while on duty, while in transit to or from duty, for court
appearances, or at other official Department of Homeland
Security functions or events.
(5) Limitation on purchase or consumption of alcoholic
beverages.--Department of Homeland Security law enforcement
personnel may not purchase or consume alcoholic beverages
while wearing any part of their uniform.
SEC. 304. DEPARTMENT-ISSUED IDENTIFICATION.
(a) In General.--The Department of Homeland Security shall
issue to each U.S. Immigration and Customs Enforcement
officer or agent and each U.S. Customs and Border Patrol
officer, agent, or specialist an official identification card
bearing the employee's name, identifying information,
photograph, and a unique serial number. All such personnel
shall be in possession of such identification card while on
duty or when carrying a concealed firearm under Federal
authority.
(b) Display.--Except as provided in subsection (c)(2),
Department of Homeland Security officers and agents shall
clearly display their Department-issued identification and
badge in a courteous manner to any person upon request and as
soon as practical while on duty or acting in an official
capacity.
(c) Visibility Requirement.--
(1) In general.--Except as provided in paragraph (2) and
section 305(b), every Department of Homeland Security
immigration enforcement officer or agent conducting an
immigration enforcement function shall visibly display--
(A) the individual's last name and a unique identifier;
(B) the name of the employing agency; and
(C) the face of such officer or agent.
(2) Exceptions.--
(A) In general.--The requirement under paragraph (1) shall
not apply to any individual who is engaged in an undercover
assignment involving the use of an assumed name or a cover
identity.
(B) Face covering.--The requirement under paragraph (1)(C)
shall not apply if the officer or agent--
(i) is engaged in a specialized tactical assignment;
(ii) is working in a hazardous or high-risk environment;
(iii) is wearing a face covering as a protection from
weather-related conditions; or
(iv) has received prior approval to wear a face covering
due to a medical condition.
(d) Specialized and Undercover Exceptions.--
[[Page S2541]]
(1) Defined term.--In this section and in section 306, the
term ``undercover assignment'' only means an authorized
investigative operation in which--
(A) an agent is assuming a covert identity or persona to
infiltrate a specific criminal enterprise;
(B) the mission is conducted for the primary purpose of
gathering evidence regarding felony violations of Federal
law, such as human trafficking or narcotics smuggling; and
(C) the revelation of the agent's identity would pose an
immediate and demonstrable threat to the safety of the agent
or the integrity of the investigation.
(2) Arrest team requirements.--Notwithstanding any
undercover assignment, all agents involved in the physical
arrest, transport, or processing of a detained individual
must be clearly identifiable in accordance with the standards
described in subsections (a) and (b).
SEC. 305. BADGE AND DISTINCTIVE IDENTIFICATION.
(a) Issuance.--The Secretary of Homeland Security shall
issue to each U.S. Immigration and Customs Enforcement
officer or agent, each U.S. Customs and Border Protection
officer, agent, or specialist, and each other Department of
Homeland Security sworn enforcement officer a badge of
authority bearing the seal of the Department of Homeland
Security and the title of the directorate for which they are
employed encircling such seal, along with the designation of
the position held by the officer. Each such badge shall be
serially numbered and each officer shall display a
distinctive identifying number.
(b) Display.--All Department of Homeland Security officers
and agents and other uniformed Department of Homeland
Security immigration enforcement personnel, while on duty,
shall be dressed in full distinctive uniform and shall
display the official badge and visible identification of
their office, except when authorized by the Secretary or
designee to operate in plain clothes.
(c) Restriction.--Neither the Secretary of Homeland
Security nor any other person may issue a badge, uniform,
insignia, or identification to any individual who is not a
duly authorized, classified, and regularly appointed officer
or employee of the Department of Homeland Security.
(d) Criminal Penalties for Misrepresentation.--Any person
who, without authority, wears or duplicates a Department of
Homeland Security badge, uniform, or equipment with intent to
represent himself or herself as a Federal immigration officer
shall be subject to Federal criminal penalties.
SEC. 306. BODY-WORN CAMERAS.
(a) Provision of Body-worn Cameras.--The Secretary of
Homeland Security shall ensure that each immigration
enforcement officer or agent who interacts with members of
the public is equipped with a body-worn camera. All such
cameras shall be worn in a location and manner that maximizes
the camera's ability to capture video footage of the
officer's activities.
(b) Required Activation.--Except as provided under
subsections (c) and (d), an immigration enforcement officer
or agent shall wear and activate a body-worn camera, and a
dash camera if the officer's vehicle is equipped with such a
camera, while--
(1) responding to a call for an enforcement action;
(2) entering any premises for the purpose of enforcing the
law or investigating possible violations of law; or
(3) engaging in any interaction with a member of the public
initiated by an officer or agent, whether consensual or
nonconsensual, for the purpose of enforcing the law or
investigating possible violations of law.
(c) Exceptions; Privacy Notifications.--
(1) En route.--A body-worn camera need not be activated
while an officer or agent is traveling to a call for an
enforcement action, but shall be activated shortly before the
officer or agent arrives at the scene.
(2) Undercover.--An officer or agent working in an
undercover assignment is not required to wear a body-worn
camera.
(3) Notification.--An officer or agent wearing a body-worn
camera shall notify all subjects of the recording that they
are being recorded as close to the commencement of the
encounter as is reasonably possible.
(d) Permissible Deactivation; Civilian Request.--
(1) Deactivation.--An immigration enforcement officer or
agent may deactivate a body-worn camera--
(A) while working on an unrelated assignment or during a
prolonged break in an incident; or
(B) during administrative, tactical, or management
discussions when members of the public are not present.
(2) Civilian request.--Before entering a private residence
without a warrant, or when interacting with an apparent crime
victim or anonymous source, an officer shall ask if the
individual wants the camera to be deactivated. If the
individual responds affirmatively, the officer shall
deactivate the camera. The offer to deactivate and the
response from the victim or source shall be recorded by the
camera before such deactivation.
(e) Failure to Activate or Tampering.--
(1) In general.--If an officer or agent fails to activate a
body-worn camera in accordance with the requirements under
this section or tampers with camera footage when activation
is required--
(A) there shall be a permissive inference, in any
investigation or legal proceeding (excluding criminal
proceedings against the officer or agent), that the missing
footage would have reflected misconduct;
(B) any statements or conduct that was not recorded by
other means shall be subject to a rebuttable presumption of
inadmissibility; and
(C) a rebuttable evidentiary presumption shall be adopted
in favor of criminal defendants or civil plaintiffs who
reasonably assert that exculpatory evidence was destroyed or
not captured.
(2) Proof compliance was impossible.--The disciplinary
action requirement and rebuttable presumptions described in
subparagraphs (B) and (C) of paragraph (1) may be overcome by
contrary evidence or proof of exigent circumstances that made
compliance impossible.
(f) Discipline; Certification Consequences.--In addition to
any criminal liability--
(1) if an adjudicative body or final agency determination
finds that an officer or agent intentionally failed to
activate or tampered with a camera (except as permitted under
this section), the employing agency shall impose discipline
upon the officer or agent, up to and including termination,
consistent with applicable law;
(2) unless otherwise permitted under this section, if the
conduct of the officer or agent was undertaken with the
intent to conceal unlawful or inappropriate actions or
obstruct justice, the officer's or agent's certification or
authority to perform enforcement duties shall be suspended
for not less than 1 year, subject to reinstatement only upon
exoneration; and
(3) if such conduct occurred in an incident resulting in
the death or serious bodily injury of a civilian, the
officer's or agent's certification or authority to perform
enforcement duties shall be permanently revoked, subject to
reinstatement only upon exoneration.
(g) Integrity of Reports.--No officer or agent may review
or receive an accounting of any body-worn camera footage
related to a use of force or misconduct complaint before
completing all required initial reports, statements, and
interviews regarding the recorded event.
(h) Retention of Recordings.--The Secretary of Homeland
Security shall establish a retention schedule for body-worn
camera recordings that requires--
(1) standard footage to be retained for a period of not
less than 6 months; and
(2) footage involving the use of force or a complaint to be
retained for a period of not less than 3 years.
(i) Public Release; Privacy Protections.--
(1) Misconduct.--Not later than 21 days after receiving a
complaint alleging misconduct by an immigration enforcement
officer or agent, the Department of Homeland Security shall
release all unedited audio and video recordings of the
incident to the public, subject to privacy protections and
delayed release provisions under subsection (j).
(2) Death or serious injury.--Not later than 5 days after
an immigration enforcement incident resulting in death or
serious injury, the Department of Homeland Security shall
release all unedited audio and video recordings of the
incident to the public, subject to privacy protections and
delayed release provisions under subsection (j).
(3) Prohibition on secondary use during retention period.--
During any retention period established under this
subsection, body-worn camera footage shall be stored in an
isolated system that is not accessible to, and may not be
queried by, any immigration enforcement targeting system,
fusion center, or interagency intelligence platform. Access
to retained footage shall be limited to personnel directly
involved in accountability review or legal proceedings
arising from the recorded interaction.
(j) Privacy Protections and Delayed Release.--
(1) Death.--Recordings depicting death shall be made
available to a victim's immediate family or lawful
representative before being publicly released.
(2) Privacy interests.--
(A) In general.--Recordings implicating substantial privacy
interests may be blurred to protect such interests without
removing any portion of the recording.
(B) Limited release.--If blurring a recording is
insufficient--
(i) the recording shall be released to affected individuals
or their lawful representatives; and
(ii) the Department of Homeland Security shall notify
affected persons of their right to waive the restrictions
under this subsection.
(3) Investigations.--A recording of alleged misconduct may
be temporarily withheld if the release of such recording
would substantially interfere with an ongoing investigation.
Such recording shall be publicly released not later than 45
days after the allegation of misconduct, accompanied by a
written justification for the delay.
SEC. 307. SPECIALIZED TRAINING REQUIREMENTS.
The Secretary of Homeland Security shall require all
immigration enforcement officers and agents to complete
specialized training, in addition to basic training required
by the Department, before conducting enforcement operations,
including training on--
(1) identity verification procedures and documentation
review designed to prevent the wrongful detention of United
States citizens, lawful permanent residents, Native
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Americans, and other individuals who are lawfully present in
the United States;
(2) deescalation techniques and safe civilian engagement
practices to ensure immigration enforcement operations are
conducted in a manner that protects public safety and reduces
the risk of unnecessary force;
(3) language access and interpretation procedures to ensure
effective communication during enforcement encounters with
individuals who have limited English proficiency;
(4) recognizing medical distress, disabilities, and mental
health conditions, and responding appropriately during
enforcement encounters to individuals experiencing medical
emergencies or requiring disability-related accommodations;
(5) constitutional protections and civil rights laws
governing immigration enforcement activities, including
protections against unlawful searches, seizures, and
discriminatory enforcement; and
(6) preventing discriminatory enforcement practices,
including profiling based on race, ethnicity, national
origin, religion, or language proficiency.
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