Preventing Fraudulent ICE Impersonation Act of 2025

[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4652 Introduced in House (IH)]

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119th CONGRESS
  1st Session
                                H. R. 4652

 To enhance penalties for the unauthorized use and sale of Immigration 
 and Customs Enforcement apparel and insignia, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             July 23, 2025

  Mr. Espaillat (for himself and Mr. Correa) introduced the following 
       bill; which was referred to the Committee on the Judiciary

_______________________________________________________________________

                                 A BILL


 
 To enhance penalties for the unauthorized use and sale of Immigration 
 and Customs Enforcement apparel and insignia, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Preventing Fraudulent ICE 
Impersonation Act of 2025''.

SEC. 2. FINDINGS.

    Congress finds the following:
            (1) Unauthorized individuals have impersonated U.S. 
        Immigration and Customs Enforcement (ICE) officers, causing 
        fear and distrust in communities.
            (2) The unauthorized use of ICE insignia and apparel poses 
        a significant risk to public safety, undermines trust in law 
        enforcement, and facilitates fraudulent activities.
            (3) Strengthening penalties and restricting the sale of 
        ICE-branded apparel and insignia is necessary to protect 
        communities from fraud and abuse.

SEC. 3. PROHIBITION ON UNAUTHORIZED USE OF ICE APPAREL AND INSIGNIA.

    (a) Unlawful Impersonation of an ICE Officer.--
            (1) In general.--It shall be unlawful for any individual 
        who is not an officer or employee of the Department of Homeland 
        Security, acting within the scope of their official duties, to 
        wear, display, or possess apparel, badges, insignia, or other 
        items bearing the words ``ICE'' or ``Immigration and Customs 
        Enforcement'' in a manner that could reasonably be interpreted 
        as an attempt to impersonate a Federal law enforcement officer.
            (2) Penalty.--Any person who violates this subsection shall 
        be fined under title 18, United States Code, imprisoned for not 
        more than 7 years, or both.
    (b) Prohibition on Sale of ICE Apparel and Insignia.--
            (1) In general.--It shall be unlawful for any individual or 
        entity to manufacture, sell, offer for sale, or distribute any 
        apparel, badge, or insignia bearing the official marks, logos, 
        or designations of the U.S. Immigration and Customs Enforcement 
        without express authorization from the Department of Homeland 
        Security.
            (2) Civil penalty.--Any person or entity who violates this 
        subsection shall be subject to a civil penalty of not more than 
        $100,000 per violation.

SEC. 4. SEIZURE AND FORFEITURE.

    (a) Seizure and Forfeiture.--Any unauthorized ICE apparel or 
insignia manufactured, sold, distributed, or possessed in violation of 
this Act shall be subject to seizure and forfeiture in accordance with 
chapter 46 of title 18, United States Code.
    (b) Sentencing Enhancement.--The United States Sentencing 
Commission shall take such actions as may be necessary to provide that 
impersonation of an immigration official shall result in an enhancement 
of any term of imprisonment of no less than 6 months.

SEC. 5. PUBLIC AWARENESS AND REPORTING MECHANISM.

    (a) The Secretary of Homeland Security shall establish a public 
awareness campaign to inform communities about the dangers of 
individuals impersonating ICE officers and provide resources for 
reporting such activities.
    (b) The Secretary shall also establish a national reporting 
mechanism, including a dedicated hotline and online portal, to 
facilitate the reporting of individuals impersonating ICE officers.
    (c) Not later than 180 days after the date of enactment of this Act 
and every 180 days thereafter, the Comptroller General of the United 
States shall conduct a study on the impersonation of immigration 
officials and the underlying factors that should be considered for any 
potential solution to the issue, and submit thereon a report to 
Congress.

SEC. 6. RULEMAKING.

    The Secretary of Homeland Security shall issue regulations 
necessary to carry out this Act not later than 180 days after the date 
of enactment.

SEC. 7. DEFINITION.

    In this Act--
            (1) the term ``ICE'' means U.S. Immigration and Customs 
        Enforcement; and
            (2) the term ``official'' means--
                    (A) a public official, as such term is defined in 
                section 201(a)(1) of title 18, United States Code; and
                    (B) a person who has been selected to be a public 
                official, as such term is defined in section 201(a)(2) 
                of title 18, United States Code.
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