No official summary available for this bill.
[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5973 Introduced in House (IH)]
<DOC>
119th CONGRESS
1st Session
H. R. 5973
To establish certain limitations on Federal immigration enforcement
personnel.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
November 7, 2025
Mr. Peters (for himself, Mr. Goldman of New York, Mr. Krishnamoorthi,
Ms. Velazquez, Ms. Clarke of New York, Mr. Khanna, Mr. Cisneros, Ms.
Chu, Mr. Schneider, Mr. Vargas, Ms. Randall, Ms. Garcia of Texas, Mr.
Quigley, Ms. Kelly of Illinois, Ms. Escobar, Mr. Panetta, Mr. Moulton,
Ms. Sanchez, Ms. Matsui, Mr. Thompson of California, Mr. Nadler, Ms.
Rivas, Mr. Thanedar, and Ms. Brownley) introduced the following bill;
which was referred to the Committee on the Judiciary
_______________________________________________________________________
A BILL
To establish certain limitations on Federal immigration enforcement
personnel.
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 ``Stop Excessive Force in Immigration
Act of 2025''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) 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 life.
Every person has a right to be free from excessive use of force
by law enforcement acting under color of law.
(2) It is the responsibility of all law enforcement,
Federal, State, and local, to promote and further public
safety.
(3) Federal immigration enforcement personnel should
conduct interior enforcement operations with the intention of
creating minimal community disruption and furthering public
safety.
(4) The use of force manual of the Department of Justice
states that reducing the need for force allows officers to
secure their own safety, as well as the safety of the public.
(5) Section 287.8 of title 8, Code of Federal Regulations,
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 so.
(6) The First Amendment prevents Federal immigration
enforcement personnel from using force against, or to impede
the work of journalists who are properly identified and acting
lawfully.
(7) The First Amendment protects freedom of speech and
prevents Federal immigration enforcement personnel from using
force against protesters or bystanders acting lawfully.
(8) Federal immigration enforcement personnel are to refuse
orders they believe to be blatantly illegal or create an
unnecessary risk to public safety.
(9) Congress condemns violence and threats directed against
law enforcement personnel.
SEC. 3. ENFORCEMENT LIMITS.
The Immigration and Nationality Act is amended by inserting after
section 287 the following:
``SEC. 287A. FEDERAL IMMIGRATION ENFORCEMENT.
``(a) Use of Force.--
``(1) Requirements.--All Federal immigration enforcement
personnel shall be subject to the following requirements:
``(A) Use of force standard.--Federal immigration
enforcement personnel may use non-deadly force as
follows:
``(i) No reasonably effective, safe, and
feasible alternative appears to exist to bring
an unlawful situation safely and effectively
under control, and the level of force used is
proportional to the seriousness of the actual
or threatened resistance.
``(ii) Agents shall account for factors
such as age, injury, disability, and size of
the subject when assessing reasonableness.
``(iii) The `reasonableness' of a
particular use of force must be judged from the
perspective of a reasonable officer on the
scene, and its calculus must account for the
fact that law enforcement personnel are often
forced to make split-second decisions, in
circumstances that are tense, uncertain, and
rapidly evolving, about the amount of force
necessary in a particular situation.
``(iv) 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 arrested.
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 effective, safe, and feasible
alternative appears to exist, in compliance
with clause (i), to effect the arrest or to
prevent escape or to overcome resistance. For
the purposes of this section, `retreat' does
not mean tactical repositioning or other de-
escalation tactics.
``(B) Minimization of risk.--Federal immigration
enforcement personnel shall minimize the risk of injury
to a third person when using non-deadly force.
``(C) Deescalation.--Federal immigration
enforcement personnel shall make all reasonable efforts
to de-escalate tensions prior to using force.
``(D) Affirmative duty.--Federal immigration
enforcement personnel shall have an affirmative duty to
intervene to prevent or stop, as appropriate, any other
Federal immigration enforcement personnel from engaging
in excessive force or any other use of force that
violates the Constitution, other Federal laws, or
policies on the reasonable use of force. 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 General. Such personnel shall recognize and
act upon the affirmative duty to request and, as
appropriate, render medical aid, if needed.
``(E) Masks.--Federal immigration enforcement
personnel shall limit the use of masks or face
coverings, except in the case that a supervisory
officer provides written approval for such use in one
of the following instances:
``(i) The target poses a national security
threat.
``(ii) There is a high likelihood that the
personnel needs to maintain anonymity for
future covert operations.
``(iii) Masks are necessary to protect
personnel's health from environmental hazards.
``(F) Identification.--
``(i) In general.--Federal immigration
enforcement personnel shall wear a uniform or
identification clearly displaying their agency
or that they are Federal immigration
enforcement personnel, unless--
``(I) the target poses a public
safety or national security threat;
``(II) not wearing identification
is necessary to safely carry out the
operation; and
``(III) the personnel receives
prior written approval from a
supervisory officer.
``(ii) 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 officers.
``(2) Restricted equipment.--Federal immigration
enforcement personnel are prohibited from being equipped with
or using noise flash diversionary devices (also known as flash
bangs), rubber bullets, pepper balls, and tear gas, except for
the following immigration enforcement operations purposes:
``(A) 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 law.
``(B) An immigration enforcement operation with
respect to an enforcement target presenting a public
safety or national security threat. To qualify for this
exception, personnel are required to complete a
tactical action plan, to be approved by their
supervisor, outlining the equipment they plan to use in
the operation and provide justification for the need
for this equipment. Personnel may also complete a
tactical action plan, to be approved by their
supervisor, 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 target.
``(C) 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 equipment.
``(3) Backup team.--
``(A) In general.--For any operation not qualifying
for an exception under paragraph (2), 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 personnel, or others, is at
risk.
``(B) 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 activities.
``(4) 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 and, if necessary, discipline any
Federal immigration enforcement personnel, within their primary
jurisdiction, who violates this subsection.
``(b) Body and Vehicle Camera Requirements.--
``(1) In general.--Not later than 180 days after the date
of the enactment of this section, the Secretary of Homeland
Security shall develop and disseminate a Department-wide
directive requiring the use of--
``(A) body-worn cameras by all Federal immigration
enforcement personnel; and
``(B) dashboard cameras for all vehicles being used
in Federal immigration enforcement operations and
associated recording protocols.
``(2) Principles.--In preparing the directive required
under paragraph (1), the Secretary of Homeland Security shall
include the following:
``(A) 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 circumstances.
``(B) Training requirements, procedures, and best
practices for the use of body-worn cameras and
dashboard cameras.
``(C) 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 policies.
``(3) Exception.--The directive required under paragraph
(1) 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 camera.
``(4) Retention of footage.--
``(A) In general.--Body camera and dashboard camera
video footage shall be retained by the Department of
Homeland Security for 1 year after the date on which it
was recorded, after which time such footage shall be
permanently deleted.
``(B) Additional retention requirements.--
Notwithstanding the retention and deletion requirements
in subparagraph (A)--
``(i) such video footage shall be
automatically retained for not less than three
years if the video footage captures an
interaction or event involving--
``(I) any use of force; or
``(II) an encounter involving a
registered complaint by a subject of
the video footage;
``(ii) such video footage shall be retained
for not less than three years if a longer
retention period is voluntarily requested by--
``(I) the Federal immigration
enforcement personnel whose body camera
recorded the video footage, if that
personnel reasonably asserts the video
footage has evidentiary or exculpatory
value in an ongoing investigation or is
a subject of the video footage, if the
personnel reasonably asserts the video
footage has evidentiary or exculpatory
value;
``(II) any superior officer of the
personnel whose body camera recorded
the video footage or who is a subject
of the video footage, if that superior
officer reasonably asserts the video
footage has evidentiary or exculpatory
value;
``(III) any uniformed law
enforcement officer, if the video
footage is being retained solely and
exclusively for enforcement training
purposes;
``(IV) any member of the public who
is a subject of the video footage;
``(V) any parent or legal guardian
of a minor who is a subject of the
video footage; or
``(VI) a spouse of a deceased
subject, next of kin, or legally
authorized designee; or
``(iii) footage may not be discarded until
the conclusion of any investigation or lawsuit
to which the footage is relevant.
``(5) Right to inspect.--During the retention periods
described in paragraph (4), the following individuals shall
have the right to inspect, but not retain or in any matter
alter, the body camera footage:
``(A) Any individual who is a subject of body
camera video footage, and their designated legal
counsel.
``(B) A parent of a minor subject of body camera
video footage, and their designated legal counsel.
``(C) The spouse, next of kin, or legally
authorized designee of a deceased subject of body
camera video footage, and their designated legal
counsel.
``(D) Federal immigration enforcement personnel
whose body camera recorded the video footage, and their
designated legal counsel, subject to the limitations
and restrictions in this part.
``(E) The superior officer of the personnel whose
body camera recorded the video footage, subject to the
limitations and restrictions in this part.
``(F) Any defense counsel who claims, pursuant to a
written affidavit, to have a reasonable basis for
believing a video may contain evidence that exculpates
a client.
``(G) Any Member of Congress representing the
district in which the operation in the video took
place.
``(H) Any Member of Congress who sits on a relevant
Committee of jurisdiction.
``(c) Training.--Federal immigration enforcement personnel shall
receive training, at least annually--
``(1) on use of force policy and related legal updates; and
``(2) to--
``(A) reinforce the appropriate exercise of
discretion and judgment in using non-deadly and deadly
force;
``(B) provide techniques for the use of and
reinforce the importance of de-escalation;
``(C) comply with the First Amendment's protections
for journalists, protesters, and those who assemble;
``(D) comply with the Fourth Amendment's
protections against unreasonable searches and seizures;
``(E) reinforce the illegality of determining
immigration enforcement targets primarily based on
race;
``(F) reinforce the affirmative duty to intervene
to prevent or stop, as appropriate, any officer from
engaging in excessive force or any other use of force
that violates the Constitution, other Federal laws, or
policies on the reasonable use of force;
``(G) reinforce the affirmative duty to request
and/or render medical aid, as appropriate, where
needed; and
``(H) document and keep records of practice for
immigration enforcement operations.
``(d) Requiring Notification for Local Law Enforcement.--Federal
immigration enforcement shall notify local law enforcement of impending
operations in their jurisdiction.
``(e) DHS Reporting Requirements.--Beginning not later than 3
months after the date of enactment of this subsection, 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 threat:
``(1) The Secretary of Homeland Security shall submit to
Congress a report every 6 months detailing instances where non-
deadly force was used, the level of public safety or national
security threat the target posed, for what reason non-deadly
force was administered, specific instances where non-deadly
force was improperly administered, and the measures the
Department took to ensure accountability for improper use of
force.
``(2) The Secretary of Homeland Security shall submit to
Congress a report every 6 months detailing instances of
assaults against Federal immigration enforcement personnel. The
report shall include the total number of personnel involved in
immigration enforcement operations, the number of assaults
against Federal immigration enforcement personnel, and details
on the severity of those instances.
``(3) The Secretary of Homeland Security shall send a
classified report to Congress every 6 months detailing
instances in which Federal immigration enforcement personnel
operated without identification.
``(4) The Secretary of Homeland Security shall submit a
report to Congress every 6 months on the frequency of Federal
immigration enforcement personnel using facial coverings.
``(f) DOJ Reporting Requirement.--The Attorney General shall submit
a report to Congress every 6 months on the number and circumstances of
incidents of individuals falsely impersonating a Federal immigration
enforcement personnel, the public safety impact of individuals posing
as immigration enforcement, and how the Department of Justice is
combating impersonations.
``(g) Database.--
``(1) 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 subsection.
``(2) Enforcement.--
``(A) 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 (a)(2).
``(B) Improper approvals.--Each supervisor shall
also be responsible and held accountable for clearly
improper approval of the authority under paragraph (1).
``(3) In general.--The Secretary of Homeland Security shall
create a searchable and organizable database, including all
reports from Federal immigration enforcement personnel, for the
following systems:
``(A) Use of Force Incident Reporting System, which
is mandatory for all deployments of force.
``(B) Significant Incident Reports, which is
mandatory for all operational anomalies or escalations.
``(C) Civil Rights and Civil Liberties reporting,
which is mandatory for all allegations of abuse or
misconduct.
``(4) Availability.--
``(A) Unredacted availability.--Entries from the
database described in paragraph (3) shall be accessible
to--
``(i) each Member of Congress representing
the district in which the area of operation is
located; or
``(ii) a Member of Congress who sits on a
relevant committee of jurisdiction.
``(B) Redacted availability.--The Secretary of
Homeland Security shall make available to the public a
version of the database that redacts any sensitive,
personal information.
``(h) Definitions.--In this section:
``(1) 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 236 and
287 or provides support to personnel conducting an enforcement
action.
``(2) National security threat.--The term `national
security threat' means any threat, as determined by the
Secretary of Homeland Security, posed by transnational criminal
organizations, cartels, human trafficking organizations,
foreign terrorist organizations, and gangs with a demonstrated
international reach.
``(3) Public safety threat.--The term `public safety
threat' means an imminent and substantial threat, as determined
by the Secretary of Homeland Security, to the safety of others
posed by an individual.''.
SEC. 4. RULE OF CONSTRUCTION.
Nothing in this Act, or the amendments made by this Act, shall be
construed to--
(1) provide Federal immigration enforcement personnel
additional authority to exercise deadly force;
(2) prevent Federal immigration enforcement personnel from
taking action necessary to ensure the safety of themselves,
other personnel, or bystanders; or
(3) require State and local law enforcement to assist or be
involved in Federal immigration enforcement activities.
<all>
Introduced in House
Introduced in House
Referred to the House Committee on the Judiciary.
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