S. 2212 — VISIBLE Act

This section states 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 or U.S. Immigration and Customs Enforcement personnel, or those deputized under federal law including 287(g) agreements) during public immigration enforcement functions (i.e., patrols, stops, arrests, searches, status interviews, raids, checkpoints, or serving warrants, excluding covert operations). Such officers must wear visible identification at all times during these activities, displaying the employing agency's full name or recognized initials (legible from at least 25 feet in daylight and low-light conditions) and 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. The section further prohibits non-medical face coverings (e.g., masks or balaclavas) that impair identification visibility or obscure the face unless operationally necessary for covert operations or hazardous 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. The section further directs the Secretary to submit a report, not later than one year after enactment and annually thereafter, to the DHS Office for Civil Rights and Civil Liberties and specified congressional committees that includes (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), and (3) a summary of disciplinary or remedial actions taken against those responsible.

This section requires the Office for Civil Rights and Civil Liberties of the Department of Homeland Security 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 Department components on compliance and corrective actions; (3) include findings and actions taken pursuant to 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 in accordance with its statutory authorities, including coordination with the Department Office of Inspector General as appropriate. (As background, the Office reviews civil rights and civil liberties abuses by Department employees, oversees related compliance, and investigates complaints.)