“A bill to establish clear standards, training requirements, and reporting relating to immigration enforcement personnel.”
No CRS summary available for this bill.
This section establishes standards for federal immigration enforcement personnel (i.e., primarily DHS personnel such as ICE and CBP officers conducting immigration enforcement) by inserting new section 287A into chapter 9 of title II of the Immigration and Nationality Act. **(a) Use of force.** The section sets standards for non-deadly force (requiring no feasible alternative, de-escalation efforts, proportionality, and minimized risk to third parties); deadly force (conforming to DOJ Justice Manual §1–16.200); reasonableness (judged from a reasonable officer's perspective in tense situations); no duty to retreat during arrests (excluding tactical repositioning); affirmative duties to intervene against excessive force, report it, and render medical aid; masks (prohibited without supervisory approval for national security, anonymity, or health reasons); and identification (required unless approved exception for safety/security threats, with no "Police" terminology on uniforms). **(b) Restricted equipment.** Federal immigration enforcement personnel are prohibited from using noise flash diversionary devices (flashbangs), rubber bullets, pepper balls, or tear gas unless trained and certified, the operation involves an arrest at unlawful U.S. entry or a public safety/national security threat, and—for the latter—a supervisor-approved tactical action plan justifies the equipment. **(c) Backup team.** Operations ineligible for restricted equipment under subsection (b) may include a trained/certified backup team with such equipment if primary personnel or others' safety is at risk (excluding risks from First Amendment-protected activities). **(d) Investigations.** The section requires investigation of relevant matters by DHS's Office for Civil Rights and Civil Liberties, DHS Office of Inspector General, and DOJ Office of Inspector General.
This section provides a rule of construction stating that nothing in this Act or its amendments may be construed (1) to provide Federal immigration enforcement personnel additional authority to exercise excessive or deadly force; (2) to prevent such personnel from taking action necessary to ensure the safety of themselves, other personnel, or bystanders; or (3) to require State or local law enforcement to assist or be involved in Federal immigration enforcement activities.