,,ii #aaith ,,congress #b;d ,session ,s4 #cfhc ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,january #ae1 #bjbf,mr4 ,kelly 7for himself and ,mr4 ,gallego7 introduced the following bill2 which was read twice and referred to the ,committee on the ,judiciary ,a ,,bill ,to establish clear standards1 training requirements1 and reporting relating to immigration enforcement personnel4 #a4 ,short title ,this ,act may be cited as the ,stop ,excessive ,force in ,immigration ,act of #bjbf4 #b4 ,enforcement standards ,chapter #i of title ,,ii of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #acea et seq47 is amended by inserting after section #bhg the following3 #bhg;,a4 ,federal immigration enforcement 7a7 ,use of force 7#a7 ,use of non-deadly force standard ,all ,federal immigration enforcement personnel may only use non-deadly force if-- 7,a7 no reasonably effective1 safe1 and feasible alternative appears to exist to bring an unlawful situation safely and effectively under control1 after taking into account relevant factors1 such as age1 injury1 disability1 and size of the subject2 7,b7 all reasonable efforts are made to de-escalate tensions prior to using force2 7,c7 the level of force used is proportional to the seriousness of the actual or threatened resistance2 and 7,d7 the risk of injury to a third person is minimized while using non-deadly force4 7#b7 ,use of deadly force standard ,any use of deadly force by ,federal immigration enforcement personnel shall conform to the ,department of ,justice ,policy on the ,use of ,deadly ,force and ,prohibited ,restraint ,techniques set forth in section #a-af4bjj of the ,justice ,manual4 7#c7 ,reasonableness ,the reasonableness of a particular use of force shall-- 7,a7 be judged from the perspective of a reasonable officer on the scene2 and 7,b7 consider that law enforcement personnel are often forced to make split-second decisions about the amount of force necessary in a particular situation in circumstances that are tense1 uncertain1 and rapidly evolving4 7#d7 ,retreat 7,a7 ,defined term ,in this paragraph1 the term retreat does not mean tactical repositioning or other de-escalation tactics4 7,b7 ,in general ,federal immigration enforcement personnel who make or attempt to make an arrest-- 7i7 need not retreat or desist from their efforts by reason of the resistance or threatened resistance of the person being arrested2 and 7ii7 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 as determined under paragraph 7#a77;,a71 to effect an arrest1 prevent escape1 or overcome resistance4 7#e7 ,affirmative duty ,federal immigration enforcement personnel have an affirmative duty-- 7,a7 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 ,constitution of the ,united ,states1 this ,act or any other ,federal law1 or applicable policies regarding the reasonable use of force2 7,b7 after witnessing the excessive use of force to report such action to their chain of command or the ,department of ,homeland ,security's ,office of the ,inspector ,general2 and 7,c7 to recognize and act upon their duty to request and render medical aid1 as appropriate4 7#f7 ,masks ,federal immigration enforcement personnel may not wear masks or face coverings unless a supervisory officer provides written approval for such use because-- 7,a7 the target of their enforcement activity poses a national security threat2 7,b7 there is a high likelihood that such personnel need to maintain anonymity for future covert operations2 or 7,c7 masks are necessary to protect such personnel's physical health from environmental hazards4 7#g7 ,identification 7,a7 ,in general ,federal immigration enforcement personnel shall wear a uniform or other identification clearly displaying the name of their agency or other indication that they are ,federal immigration enforcement personnel unless-- 7i7 the target of their enforcement activity poses a public safety threat or a national security threat2 7ii7 not wearing such identification is necessary to safely carry out the enforcement activity2 and 7iii7 such personnel receive prior written approval to not wear such identification from a supervisory officer4 7,b7 ,restriction ,all uniforms of ,federal immigration enforcement personnel may not exhibit the term ,police or any other identifier that may result in such personnel being misidentified as local police officers4 7b7 ,restricted equipment ,federal immigration enforcement personnel are prohibited from using or being equipped with noise flash diversionary devices 7also known as flashbangs71 rubber bullets1 pepper balls1 and tear gas unless such personnel-- 7#a7 are trained and certified for the use of the specified equipment2 7#b7 are carrying out an immigration enforcement operation that involves-- 7,a7 the arrest of a person who-- 7i7 is in the presence or view of such personnel2 and 7ii7 is entering or attempting to enter the ,united ,states in violation of any law2 or 7,b7 an enforcement target who is presenting a public safety threat or a national security threat2 and 7#c7 with respect to circumstances described in paragraph 7#b77;,b71 have completed a tactical action plan 7or a contingent tactical action plan in the event such personnel unexpectedly encounter their target and do not have sufficient time to seek additional approval without jeopardizing their ability to apprehend the target7 that-- 7,a7 has been approved by their supervisor2 7,b7 outlines the equipment they expect to use in the operation2 and 7,c7 provides justification for the need for such equipment4 7c7 ,backup team 7#a7 ,in general ,any operation that does not qualify for an exception under subsection 7b7 may maintain a trained and certified backup team equipped with restricted non-deadly equipment that could be deployed whenever the safety of the primary ,federal immigration enforcement personnel or others 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 activities protected by the ,first ,amendment to the ,constitution of the ,united ,states4 7d7 ,investigations 7#a7 ,by ,federal authorities ,the ,office for ,civil ,rights and ,civil ,liberties and the ,office of ,inspector ,general of the ,department of ,homeland ,security and the ,office of the ,inspector ,general of the ,department of ,justice shall investigate and1 if necessary1 discipline ,federal immigration enforcement personnel1 within their primary jurisdiction1 who violate the requirements under this section4 7#b7 ,by state or local authorities ,the ,department of ,homeland ,security and the ,department of ,justice should allow ,state and local authorities to investigate violations of law relating to any excessive use of force by ,federal immigration enforcement personnel that results in death or serious bodily injury4 7e7 ,body and vehicle camera requirements 7#a7 ,in general ,not later than #ahj days after the date of the enactment of the ,stop ,excessive ,force in ,immigration ,act of #bjbf1 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-- 7,a7 benchmarks for implementing the use of body worn cameras by ,federal immigration enforcement personnel and dashboard cameras for vehicles being used for ,federal immigration enforcement operations to conform with a standard that cameras are on by default and may only be turned off in certain circumstances2 7,b7 training requirements1 procedures1 and best practices for the use of body worn cameras and dashboard cameras2 and 7,c7 plans to publicize the directive and the requirements under this section to ensure ,federal immigration enforcement personnel and other impacted individuals are notified of the directive and policies4 7#c7 ,exception ,the directive required under paragraph 7#a7 shall not apply to any ,federal immigration enforcement personnel who operate in a location where the ,secretary of ,homeland ,security carries out redundant video monitoring or video surveillance that-- 7,a7 is maintained in good working order2 and 7,b7 provides video footage of a quality that is the same or better than that which would be captured by a body worn camera or a dashboard camera4 7#d7 ,retention of footage 7,a7 ,in general ,except as provided in subparagraph 7,b71 video footage from body worn cameras and dashboard cameras shall be retained by the ,department of ,homeland ,security for #a year after the date on which it was recorded and then permanently deleted4 7,b7 ,additional retention requirements ,notwithstanding the retention and deletion requirements under subparagraph 7,a7-- 7i7 the video footage referred to in subparagraph 7,a7 shall be automatically retained for not less than #c 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 #c years if a longer retention period is voluntarily requested by-- 7,i7 the ,federal immigration enforcement personnel whose body cameras recorded the video footage if such personnel reasonably assert-- 7aa7 the video footage has evidentiary or exculpatory value in an ongoing investigation2 or 7bb7 they are subjects of the video footage and they reasonably assert the video footage has evidentiary or exculpatory value2 7,,ii7 any superior officer of the ,federal immigration enforcement personnel whose body cameras recorded the video footage or who are subjects of the video footage if the superior officer reasonably asserts the video footage has evidentiary or exculpatory value2 7,,iii7 any uniformed law enforcement officer if the video footage is being retained solely and exclusively for law 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 spouse1 next of kin1 or legally authorized designee of a deceased person who is a subject of the video footage2 or 7iii7 video footage may not be discarded until the conclusion of any investigation or lawsuit to which such video footage is relevant4 7#e7 ,right to inspect ,during the retention periods described in paragraph 7#d71 the right to inspect1 but not retain or in any matter alter1 the body camera footage shall be given to-- 7,a7 any individual who is a subject of body camera video footage and his or her designated legal counsel2 7,b7 any parent of a minor who is a subject of the body camera video footage and his or her designated legal counsel2 7,c7 the spouse1 next of kin1 or legally authorized designee of a deceased subject of body camera video footage and his or her designated legal counsel2 7,d7 ,federal immigration enforcement personnel whose body camera recorded the video footage and their designated legal counsel1 subject to the limitations and restrictions under this subsection2 7,e7 the superior officers of the personnel whose body cameras recorded the video footage1 subject to the limitations and restrictions under this subsection2 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 his or her client2 7,g7 any ,member of ,congress representing the district in which the operation in the video took place2 and 7,h7 any ,member of ,congress who sits on a congressional committee with jurisdiction over the operation depicted in such video footage4 7f7 ,training ,federal immigration enforcement personnel shall receive training1 not less frequently than annually1 on use of force policies and related legal updates1 including training-- 7#a7 that reinforces the appropriate exercise of discretion and judgment in using non-deadly and deadly force2 7#b7 that provides techniques for the use of and reinforce the importance of de-escalation2 7#c7 on compliance with the protections contained in the ,first ,amendment to the ,constitution of the ,united ,states for journalists1 protesters1 and those who assemble2 7#d7 on compliance with the protections contained in the ,fourth ,amendment to the ,constitution of the ,united ,states against unreasonable searches and seizures2 7#e7 that reinforces the illegality of determining immigration enforcement targets primarily based on race2 7#f7 that reinforces the affirmative duty of ,federal immigration enforcement personnel-- 7,a7 to intervene to prevent or stop1 as appropriate1 any fellow officer from engaging in excessive force or any other use of force that violates the ,constitution of the ,united ,states1 any ,federal law1 or any applicable policy on the reasonable use of force2 and 7,b7 to request and render medical aid1 as appropriate1 whenever needed2 and 7#g7 on documenting and keeping records of practice for immigration enforcement operations4 7g7 ,requiring notification for local law enforcement ,federal immigration enforcement personnel shall notify local law enforcement of impending operations in their respective jurisdictions4 7h7 ,,dhs reporting requirements ,beginning not later than #c months after the date of the enactment of the ,stop ,excessive ,force in ,immigration ,act of #bjbf1 the ,secretary of ,homeland ,security shall submit to ,congress semiannual reports regarding the criteria ,federal immigration enforcement personnel use to determine whether an immigrant poses a public safety threat or a national security threat1 including-- 7#a7 a report detailing instances where deadly or non-deadly force was used1 including-- 7,a7 the level of public safety or national security threat posed by the target2 7,b7 the reason deadly or non-deadly force was administered2 7,c7 specific instances where deadly or non-deadly force was improperly administered2 and 7,d7 the measures the ,department of ,homeland ,security took to ensure accountability for the improper use of deadly or non-deadly force2 7#b7 a report detailing instances of assaults against ,federal immigration enforcement personnel1 including-- 7,a7 the total number of personnel involved in immigration enforcement operations2 7,b7 the number of assaults against ,federal immigration enforcement personnel2 and 7,c7 details regarding the severity of such assaults2 7#c7 a classified report detailing instances in which ,federal immigration enforcement personnel operated without identification2 and 7#d7 a report regarding the frequency of ,federal immigration enforcement personnel using facial coverings4 7i7 ,,doj reporting requirement ,the ,attorney ,general shall submit a semiannual report to ,congress that describes-- 7#a7 the number and circumstances of incidents of individuals falsely impersonating ,federal immigration enforcement personnel2 7#b7 the public safety impact of such incidents2 and 7#c7 how the ,department of ,justice is combating such impersonations4 7j7 ,databases 7#a7 ,training and certification database 7,a7 ,in general ,the ,secretary of ,homeland ,security shall maintain a database that-- 7i7 identifies all ,federal immigration enforcement personnel who have completed all necessary training and certification requirements for using the equipment that is restricted under subsection 7b72 and 7ii7 is accessible to the supervisors of such personnel4 7,b7 ,enforcement ,supervisors of ,federal immigration enforcement personnel shall be held accountable if-- 7i7 any such personnel use equipment restricted under subsection 7b7 without receiving the necessary training and certification2 or 7ii7 they improperly approve the use of such equipment by subordinate ,federal immigration enforcement personnel4 7#b7 ,reports database 7,a7 ,in general ,the ,secretary of ,homeland ,security shall create a searchable database that includes all reports generated by ,federal immigration enforcement personnel1 including-- 7i7 the use of force incident reporting system1 which shall contain records for all deployments of force by such personnel2 7ii7 significant incident reports1 which shall contain records for all operational anomalies or escalations involving such personnel2 and 7iii7 reports involving alleged violations of civil rights or civil liberties1 which shall contain records of all allegations of abuse or misconduct by such personnel4 7,b7 ,availability 7i7 ,unredacted availability ,entries from the database created pursuant to subparagraph 7,a7 shall be accessible by-- 7,i7 any ,member of ,congress representing the district in which the reported incident occurred2 and 7,,ii7 any ,member of ,congress who sits on a congressional committee with jurisdiction over the personnel who are the subjects of such entries4 7ii7 ,redacted availability ,the ,secretary of ,homeland ,security shall make available to the public a version of the database created pursuant to subparagraph 7,a7 that redacts any sensitive1 personal information4 7k7 ,definitions ,in this section3 7#a7 ,federal immigration enforcement personnel ,the term ,federal immigration enforcement personnel includes any immigration agent or officer who-- 7,a7 is using the authority to conduct arrests or enforcement actions under section #bcf or #bhg2 or 7,b7 provides support to the personnel who are conducting an enforcement action4 7#b7 ,national security threat ,the term national security threat means any threat posed by transnational criminal organizations1 cartels1 human trafficking organizations1 foreign terrorist organizations1 and gangs with a demonstrated international reach1 as determined by the ,secretary of ,homeland ,security4 7#c7 ,public safety threat ,the term public safety threat means an imminent and substantial threat to the safety of others posed by an individual1 as determined by the ,secretary of ,homeland ,security4 4 #c4 ,rule of construction ,nothing in this ,act1 or in the amendments made by this ,act1 may be construed-- 7#a7 to provide ,federal immigration enforcement personnel additional authority to exercise excessive or deadly force2 7#b7 to prevent ,federal immigration enforcement personnel from taking action necessary to ensure the safety of themselves1 other personnel1 or bystanders2 or 7#c7 to require ,state or local law enforcement to assist or to be involved in ,federal immigration enforcement activities4