H.R. 4667 — VISIBLE Act

This section declares congressional findings 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 civil immigration enforcement activities at which members of the public may be directly engaged or present—including those involving civil and criminal authority—unless the activity is truly covert and not observable by the public.

This section establishes identification requirements for covered immigration officers (i.e., U.S. Customs and Border Protection and U.S. Immigration and Customs Enforcement personnel, and individuals deputized or designated under federal law, including section 287(g) agreements) performing public immigration enforcement functions (i.e., patrols, stops, arrests, searches, status interviews, raids, checkpoints, or warrant service, excluding covert operations). Such officers must wear visible identification at all times during these functions, displaying (1) the full name or recognized initials of the employing agency in a size and format legible from at least 25 feet in daylight and low-light conditions; and (2) the officer's last name or unique badge/identification number, clearly visible and readable during public engagement, on the outermost garment or gear and not obscured by equipment. Officers may not wear non-medical face coverings (e.g., masks or balaclavas) that impair this visibility or obscure the face unless necessary for covert operations or hazardous environmental conditions.

This section requires the Secretary of Homeland Security to impose appropriate administrative discipline—including written reprimand, suspension, or other personnel actions consistent with agency policy and collective bargaining agreements—on any covered immigration officer who fails to comply with requirements under new section 287(i) of the Immigration and Nationality Act (INA), as added by section 3. It also directs the Secretary to submit annual reports, beginning one year after enactment of this Act, to the DHS Office for Civil Rights and Civil Liberties and the Senate and House Committees on the Judiciary and Homeland Security (and the Senate Committee on Homeland Security and Governmental Affairs) that include (1) the total number of public immigration enforcement functions conducted during the reporting period; (2) the number of documented instances of noncompliance with INA §287(i); and (3) a summary of disciplinary or remedial actions taken against those responsible.

This section directs the Department of Homeland Security's Office for Civil Rights and Civil Liberties to (1) receive and investigate public complaints concerning violations of section 287(i) of the Immigration and Nationality Act, as added by section 3; (2) issue recommendations to relevant DHS components on compliance and corrective actions; (3) include findings and actions taken under this Act—including information from the report required by section 4(b)—in its annual public report under section 705(b) of the Homeland Security Act of 2002 (6 U.S.C. 345(b)); and (4) carry out these responsibilities consistent with its existing statutory authorities, including coordination with the DHS Office of Inspector General as appropriate.