,i  #aaith ,,congress  #ast ,session    
,h4 ,r4 #eigc  ,,in ,,the ,,house ,,of  
,,representatives  ,november #g1        
#bjbe,mr4 ,peters 7for himself1 ,mr4    
,goldman of ,new ,york1 ,mr4            
,krishnamoorthi1 ,ms4 ,velzquez1 ,ms4   
,clarke of ,new ,york1 ,mr4 ,khanna1    
,mr4 ,cisneros1 ,ms4 ,chu1 ,mr4         
,schneider1 ,mr4 ,vargas1 ,ms4 ,randall1
 ,ms4 ,garcia of ,texas1 ,mr4 ,quigley1 
,ms4 ,kelly of ,illinois1 ,ms4 ,escobar1
 ,mr4 ,panetta1 ,mr4 ,moulton1 ,ms4     
,snchez1 ,ms4 ,matsui1 ,mr4 ,thompson of
 ,california1 ,mr4 ,nadler1 ,ms4 ,rivas1
 ,mr4 ,thanedar1 and ,ms4 ,brownley7    
introduced the following bill2 which was
 referred to the ,committee on the      
,judiciary  ,a ,,bill  ,to establish    
certain limitations on ,federal         
immigration enforcement personnel4  #a4 
,short title  ,this ,act may be cited as
 the ,stop ,excessive ,force in         
,immigration ,act of #bjbe4  #b4        
,findings ,congress finds the following3
 7#a7 ,the authority to use force is a  

serious responsibility that shall be    
exercised judiciously and with respect  
for human rights and dignity and for the
 sanctity of every human life4 ,every   
person has a right to be free from      
excessive use of force by law           
enforcement acting under color of law4  
7#b7 ,it is the responsibility of all   
law enforcement1 ,federal1 ,state1 and  
local1 to promote and further public    
safety4  7#c7 ,federal immigration      
enforcement personnel should conduct    
interior enforcement operations with the
 intention of creating minimal community
 disruption and furthering public       
safety4  7#d7 ,the use of force manual  
of the ,department of ,justice states   
that reducing the need for force allows 
officers to secure their own safety1 as 
well as the safety of the public4  7#e7 
,section #bhg4h of title #h1 ,code of   
,federal ,regulations1 requires that    
designated immigration personnel shall  
at the time of the arrest identify      
themselves as an immigration officer and

 provide the reason for a person's      
arrest as soon as it is practical and   
safe to do so4  7#f7 ,the ,first        
,amendment prevents ,federal immigration
 enforcement personnel from using force 
against1 or to impede the work of       
journalists who are properly identified 
and acting lawfully4  7#g7 ,the ,first  
,amendment protects freedom of speech   
and prevents ,federal immigration       
enforcement personnel from using force  
against protesters or bystanders acting 
lawfully4  7#h7 ,federal immigration    
enforcement personnel are to refuse     
orders they believe to be blatantly     
illegal or create an unnecessary risk to
 public safety4  7#i7 ,congress condemns
 violence and threats directed against  
law enforcement personnel4  #c4         
,enforcement limits ,the ,immigration   
and ,nationality ,act is amended by     
inserting after section #bhg the        
following3  #bhg;,a4 ,federal           
immigration enforcement  7a7 ,use of    
force  7#a7 ,requirements ,all ,federal 

immigration enforcement personnel shall 
be subject to the following             
requirements3  7,a7 ,use of force       
standard ,federal immigration           
enforcement personnel may use non-deadly
 force as follows3 7i7 ,no reasonably   
effective1 safe1 and feasible           
alternative appears to exist to bring an
 unlawful situation safely and          
effectively under control1 and the level
 of force used is proportional to the   
seriousness of the actual or threatened 
resistance4  7ii7 ,agents shall account 
for factors such as age1 injury1        
disability1 and size of the subject when
 assessing reasonableness4  7iii7 ,the  
reasonableness of a particular use of   
force must be judged from the           
perspective of a reasonable officer on  
the scene1 and its calculus must account
 for the fact that law enforcement      
personnel are often forced to make      
split-second decisions1 in circumstances
 that are tense1 uncertain1 and rapidly 
evolving1 about the amount of force     

necessary in a particular situation4    
7iv7 ,federal immigration enforcement   
personnel who make or attempt to make an
 arrest need not retreat or desist from 
their efforts by reason of the          
resistance or threatened resistance of  
the person being arrested4 ,federal     
immigration enforcement personnel shall 
not be deemed an aggressor or lose the  
right to self-defense by the use of     
force when no reasonably effective1     
safe1 and feasible alternative appears  
to exist1 in compliance with clause 7i71
 to effect the arrest or to prevent     
escape or to overcome resistance4 ,for  
the purposes of this section1 retreat   
does not mean tactical repositioning or 
other de-escalation tactics4  7,b7      
,minimization of risk ,federal          
immigration enforcement personnel shall 
minimize the risk of injury to a third  
person when using non-deadly force4     
7,c7 ,deescalation ,federal immigration 
enforcement personnel shall make all    
reasonable efforts to de-escalate       

tensions prior to using force4  7,d7    
,affirmative duty ,federal immigration  
enforcement personnel shall have an     
affirmative duty to intervene to prevent
 or stop1 as appropriate1 any other     
,federal immigration enforcement        
personnel from engaging in excessive    
force or any other use of force that    
violates the ,constitution1 other       
,federal laws1 or policies on the       
reasonable use of force4 ,such personnel
 who witness excessive use of force     
shall also have a duty to report it to  
their chain of command or the           
,department of ,homeland ,security's    
,office of the ,inspector ,general4     
,such personnel shall recognize and act 
upon the affirmative duty to request    
and1 as appropriate1 render medical aid1
 if needed4  7,e7 ,masks ,federal       
immigration enforcement personnel shall 
limit the use of masks or face          
coverings1 except in the case that a    
supervisory officer provides written    
approval for such use in one of the     

following instances3 7i7 ,the target    
poses a national security threat4  7ii7 
,there is a high likelihood that the    
personnel needs to maintain anonymity   
for future covert operations4  7iii7    
,masks are necessary to protect         
personnel's health from environmental   
hazards4  7,f7 ,identification  7i7 ,in 
general ,federal immigration enforcement
 personnel shall wear a uniform or      
identification clearly displaying their 
agency or that they are ,federal        
immigration enforcement personnel1      
unless-- 7,i7 the target poses a public 
safety or national security threat2     
7,,ii7 not wearing identification is    
necessary to safely carry out the       
operation2 and  7,,iii7 the personnel   
receives prior written approval from a  
supervisory officer4  7ii7 ,restriction 
,no uniform of ,federal immigration     
enforcement personnel may use the title 
,police or any other identifier that may
 result in them being misidentified as  
local police officers4  7#b7 ,restricted

 equipment ,federal immigration         
enforcement personnel are prohibited    
from being equipped with or using noise 
flash diversionary devices 7also known  
as flash bangs71 rubber bullets1 pepper 
balls1 and tear gas1 except for the     
following immigration enforcement       
operations purposes3  7,a7 ,an          
immigration enforcement operation       
involving the arrest of a person in the 
presence or view of ,federal immigration
 enforcement personnel who is entering  
or attempting to enter the ,united      
,states in violation of any law4  7,b7  
,an immigration enforcement operation   
with respect to an enforcement target   
presenting a public safety or national  
security threat4 ,to qualify for this   
exception1 personnel are required to    
complete a tactical action plan1 to be  
approved by their supervisor1 outlining 
the equipment they plan to use in the   
operation and provide justification for 
the need for this equipment4 ,personnel 
may also complete a tactical action     

plan1 to be approved by their           
supervisor1 to provide them with the    
contingent authority to appropriately   
use restricted equipment in specified   
operations targeting national security  
or public safety threats in the event   
personnel unexpectedly encounter their  
target and do not have time to seek     
additional approval without jeopardizing
 apprehension of the target4  7,c7 ,the 
exceptions under this paragraph shall   
only apply in the case of ,federal      
immigration enforcement personnel who   
are trained and certified for the use of
 the specified equipment4  7#c7 ,backup 
team  7,a7 ,in general ,for any         
operation not qualifying for an         
exception under paragraph 7#b71 such    
operation may maintain a trained and    
certified backup team equipped with     
restricted nondeadly equipment that can 
be deployed when the safety of the      
primary ,federal immigration enforcement
 personnel1 or others1 is at risk4  7,b7
 ,first ,amendment activities ,the      

safety of ,federal immigration          
enforcement personnel shall not be      
determined to be at risk solely due to  
lawful protest or other protected ,first
 ,amendment activities4  7#d7           
,discipline ,the ,office for ,civil     
,rights and ,civil ,liberties of the    
,department of ,homeland ,security and  
the ,office of the ,inspector ,general  
of the ,department of ,justice shall be 
required to investigate and1 if         
necessary1 discipline any ,federal      
immigration enforcement personnel1      
within their primary jurisdiction1 who  
violates this subsection4  7b7 ,body and
 vehicle ,camera requirements  7#a7 ,in 
general ,not later than #ahj days after 
the date of the enactment of this       
section1 the ,secretary of ,homeland    
,security shall develop and disseminate 
a ,department-wide directive requiring  
the use of-- 7,a7 body-worn cameras by  
all ,federal immigration enforcement    
personnel2 and  7,b7 dashboard cameras  
for all vehicles being used in ,federal 

immigration enforcement operations and  
associated recording protocols4  7#b7   
,principles ,in preparing the directive 
required under paragraph 7#a71 the      
,secretary of ,homeland ,security shall 
include the following3  7,a7 ,benchmarks
 for implementation of the use of       
body-worn cameras by ,federal           
immigration enforcement personnel and   
dashboard cameras for vehicles being    
used for ,federal immigration           
enforcement to conform with a standard  
that cameras are on by default and may  
only be turned off in certain           
circumstances4  7,b7 ,training          
requirements1 procedures1 and best      
practices for the use of body-worn      
cameras and dashboard cameras4  7,c7    
,plans to publicize the directive and   
the requirements set forth in this      
section to ensure ,federal immigration  
enforcement personnel and other impacted
 individuals are notified of new        
policies4  7#c7 ,exception ,the         
directive required under paragraph 7#a7 

shall not apply to any personnel who    
operate in a location where the         
,secretary carries out redundant        
video-monitoring or video-surveillance  
that is maintained in good working order
 and that provides video footage of a   
quality that is the same or better than 
that which would be captured by a       
body-worn camera or dashboard camera4   
7#d7 ,retention of footage  7,a7 ,in    
general ,body camera and dashboard      
camera video footage shall be retained  
by the ,department of ,homeland         
,security for #a year after the date on 
which it was recorded1 after which time 
such footage shall be permanently       
deleted4  7,b7 ,additional retention    
requirements ,notwithstanding the       
retention and deletion requirements in  
subparagraph 7,a7--  7i7 such video     
footage shall be automatically retained 
for not less than three years if the    
video footage captures an interaction or
 event involving-- 7,i7 any use of      
force2 or  7,,ii7 an encounter involving

 a registered complaint by a subject of 
the video footage2  7ii7 such video     
footage shall be retained for not less  
than three years if a longer retention  
period is voluntarily requested by--    
7,i7 the ,federal immigration           
enforcement personnel whose body camera 
recorded the video footage1 if that     
personnel reasonably asserts the video  
footage has evidentiary or exculpatory  
value in an ongoing investigation or is 
a subject of the video footage1 if the  
personnel reasonably asserts the video  
footage has evidentiary or exculpatory  
value2  7,,ii7 any superior officer of  
the personnel whose body camera recorded
 the video footage or who is a subject  
of the video footage1 if that superior  
officer reasonably asserts the video    
footage has evidentiary or exculpatory  
value2  7,,iii7 any uniformed law       
enforcement officer1 if the video       
footage is being retained solely and    
exclusively for enforcement training    
purposes2  7,,iv7 any member of the     

public who is a subject of the video    
footage2  7,v7 any parent or legal      
guardian of a minor who is a subject of 
the video footage2 or  7,,vi7 a spouse  
of a deceased subject1 next of kin1 or  
legally authorized designee2 or  7iii7  
footage may not be discarded until the  
conclusion of any investigation or      
lawsuit to which the footage is         
relevant4  7#e7 ,right to inspect       
,during the retention periods described 
in paragraph 7#d71 the following        
individuals shall have the right to     
inspect1 but not retain or in any matter
 alter1 the body camera footage3  7,a7  
,any individual who is a subject of body
 camera video footage1 and their        
designated legal counsel4  7,b7 ,a      
parent of a minor subject of body camera
 video footage1 and their designated    
legal counsel4  7,c7 ,the spouse1 next  
of kin1 or legally authorized designee  
of a deceased subject of body camera    
video footage1 and their designated     
legal counsel4  7,d7 ,federal           

immigration enforcement personnel whose 
body camera recorded the video footage1 
and their designated legal counsel1     
subject to the limitations and          
restrictions in this part4  7,e7 ,the   
superior officer of the personnel whose 
body camera recorded the video footage1 
subject to the limitations and          
restrictions in this part4  7,f7 ,any   
defense counsel who claims1 pursuant to 
a written affidavit1 to have a          
reasonable basis for believing a video  
may contain evidence that exculpates a  
client4  7,g7 ,any ,member of ,congress 
representing the district in which the  
operation in the video took place4  7,h7
 ,any ,member of ,congress who sits on a
 relevant ,committee of jurisdiction4   
7c7 ,training ,federal immigration      
enforcement personnel shall receive     
training1 at least annually-- 7#a7 on   
use of force policy and related legal   
updates2 and  7#b7 to-- 7,a7 reinforce  
the appropriate exercise of discretion  
and judgment in using non-deadly and    

deadly force2  7,b7 provide techniques  
for the use of and reinforce the        
importance of de-escalation2  7,c7      
comply with the ,first ,amendment's     
protections for journalists1 protesters1
 and those who assemble2  7,d7 comply   
with the ,fourth ,amendment's           
protections against unreasonable        
searches and seizures2  7,e7 reinforce  
the illegality of determining           
immigration enforcement targets         
primarily based on race2  7,f7 reinforce
 the affirmative duty to intervene to   
prevent or stop1 as appropriate1 any    
officer from engaging in excessive force
 or any other use of force that violates
 the ,constitution1 other ,federal laws1
 or policies on the reasonable use of   
force2  7,g7 reinforce the affirmative  
duty to request and_/or render medical  
aid1 as appropriate1 where needed2 and  
7,h7 document and keep records of       
practice for immigration enforcement    
operations4  7d7 ,requiring notification
 for local law enforcement ,federal     

immigration enforcement shall notify    
local law enforcement of impending      
operations in their jurisdiction4  7e7  
,,dhs reporting requirements ,beginning 
not later than #c months after the date 
of enactment of this subsection1 the    
,secretary of ,homeland ,security shall 
submit to ,congress the following       
reports on the criteria ,federal        
immigration enforcement personnel use to
 determine whether an immigrant poses a 
public safety or national security      
threat3 7#a7 ,the ,secretary of         
,homeland ,security shall submit to     
,congress a report every #f months      
detailing instances where non-deadly    
force was used1 the level of public     
safety or national security threat the  
target posed1 for what reason non-deadly
 force was administered1 specific       
instances where non-deadly force was    
improperly administered1 and the        
measures the ,department took to ensure 
accountability for improper use of      
force4  7#b7 ,the ,secretary of         

,homeland ,security shall submit to     
,congress a report every #f months      
detailing instances of assaults against 
,federal immigration enforcement        
personnel4 ,the report shall include the
 total number of personnel involved in  
immigration enforcement operations1 the 
number of assaults against ,federal     
immigration enforcement personnel1 and  
details on the severity of those        
instances4  7#c7 ,the ,secretary of     
,homeland ,security shall send a        
classified report to ,congress every #f 
months detailing instances in which     
,federal immigration enforcement        
personnel operated without              
identification4  7#d7 ,the ,secretary of
 ,homeland ,security shall submit a     
report to ,congress every #f months on  
the frequency of ,federal immigration   
enforcement personnel using facial      
coverings4  7f7 ,,doj reporting         
requirement ,the ,attorney ,general     
shall submit a report to ,congress every
 #f months on the number and            

circumstances of incidents of           
individuals falsely impersonating a     
,federal immigration enforcement        
personnel1 the public safety impact of  
individuals posing as immigration       
enforcement1 and how the ,department of 
,justice is combating impersonations4   
7g7 ,database  7#a7 ,in general ,the    
,secretary of ,homeland ,security shall 
maintain a database accessible to       
supervisors of ,federal immigration     
enforcement personnel with proof of     
certification and training for all      
,federal immigration enforcement        
personnel who will use equipment        
restricted under this subsection4  7#b7 
,enforcement  7,a7 ,supervisor          
responsibility ,each supervisor shall be
 responsible and held accountable if    
,federal immigration enforcement        
personnel without proper training and   
certification use restricted equipment  
under subsection 7a77#b74  7,b7         
,improper approvals ,each supervisor    
shall also be responsible and held      

accountable for clearly improper        
approval of the authority under         
paragraph 7#a74  7#c7 ,in general ,the  
,secretary of ,homeland ,security shall 
create a searchable and organizable     
database1 including all reports from    
,federal immigration enforcement        
personnel1 for the following systems3   
7,a7 ,use of ,force ,incident ,reporting
 ,system1 which is mandatory for all    
deployments of force4  7,b7 ,significant
 ,incident ,reports1 which is mandatory 
for all operational anomalies or        
escalations4  7,c7 ,civil ,rights and   
,civil ,liberties reporting1 which is   
mandatory for all allegations of abuse  
or misconduct4  7#d7 ,availability  7,a7
 ,unredacted availability ,entries from 
the database described in paragraph 7#c7
 shall be accessible to--  7i7 each     
,member of ,congress representing the   
district in which the area of operation 
is located2 or  7ii7 a ,member of       
,congress who sits on a relevant        
committee of jurisdiction4  7,b7        

,redacted availability ,the ,secretary  
of ,homeland ,security shall make       
available to the public a version of the
 database that redacts any sensitive1   
personal information4  7h7 ,definitions 
,in this section3  7#a7 ,federal        
immigration enforcement personnel ,the  
term ,federal immigration enforcement   
personnel includes any immigration agent
 or officer who is using the authority  
to conduct arrests or enforcement       
actions under sections #bcf and #bhg or 
provides support to personnel conducting
 an enforcement action4  7#b7 ,national 
security threat ,the term national      
security threat means any threat1 as    
determined by the ,secretary of         
,homeland ,security1 posed by           
transnational criminal organizations1   
cartels1 human trafficking              
organizations1 foreign terrorist        
organizations1 and gangs with a         
demonstrated international reach4  7#c7 
,public safety threat ,the term public  
safety threat means an imminent and     

substantial threat1 as determined by the
 ,secretary of ,homeland ,security1 to  
the safety of others posed by an        
individual4  4  #d4 ,rule of            
construction ,nothing in this ,act1 or  
the amendments made by this ,act1 shall 
be construed to--  7#a7 provide ,federal
 immigration enforcement personnel      
additional authority to exercise deadly 
force2  7#b7 prevent ,federal           
immigration enforcement personnel from  
taking action necessary to ensure the   
safety of themselves1 other personnel1  
or bystanders2 or  7#c7 require ,state  
and local law enforcement to assist or  
be involved in ,federal immigration     
enforcement activities4