No official summary available for this bill.
[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[S. 2212 Introduced in Senate (IS)]
<DOC>
119th CONGRESS
1st Session
S. 2212
To amend section 287 of the Immigration and Nationality Act to require
all immigration enforcement officers to display visible identification
during public-facing immigration enforcement actions and to promote
transparency and accountability.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
July 8, 2025
Mr. Padilla (for himself, Mr. Booker, Mr. Schiff, Mr. Van Hollen, Ms.
Duckworth, Mr. Blumenthal, Mrs. Murray, Ms. Hirono, Mr. Welch, Mr.
Wyden, Ms. Smith, Ms. Slotkin, Mr. Peters, Mr. Kim, and Ms. Klobuchar)
introduced the following bill; which was read twice and referred to the
Committee on the Judiciary
_______________________________________________________________________
A BILL
To amend section 287 of the Immigration and Nationality Act to require
all immigration enforcement officers to display visible identification
during public-facing immigration enforcement actions and to promote
transparency and accountability.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLES.
This Act may be cited as the ``Visible Identification Standards for
Immigration-Based Law Enforcement Act of 2025'' or the ``VISIBLE Act''.
SEC. 2. FINDINGS.
Congress finds that--
(1) transparency and accountability in public immigration
enforcement are essential to maintaining public trust and
upholding constitutional governance; and
(2) immigration enforcement officers should be visibly
identifiable during any civil immigration enforcement activity
at which members of the public may be directly engaged or
present, including actions involving civil and criminal
authority, unless the activity is truly covert and not
observable by the public.
SEC. 3. REQUIREMENT FOR VISIBLE IDENTIFICATION DURING IMMIGRATION
ENFORCEMENT.
Section 287 of the Immigration and Nationality Act (8 U.S.C. 1357)
is amended by adding at the end the following:
``(i)(1) In this subsection:
``(A) The term `covered immigration officer' means any
individual who is--
``(i) authorized to perform immigration enforcement
functions; and
``(ii)(I) an officer or employee of U.S. Customs
and Border Protection;
``(II) an officer or employee of U.S. Immigration
and Customs Enforcement; or
``(III) an individual authorized, deputized, or
designated under Federal law, regulation, or agreement
to perform immigration enforcement functions, including
pursuant to section 287(g) or any other delegation or
agreement with the Department of Homeland Security.
``(B) The term `public immigration enforcement function'--
``(i) means any activity that involves the direct
exercise of Federal immigration authority through
public-facing actions, including a patrol, a stop, an
arrest, a search, an interview to determine immigration
status, a raid, a checkpoint inspection, or the service
of a judicial or administrative warrant; and
``(ii) does not include covert, non-public
operations or non-enforcement activities.
``(C) The term `visible identification' means a display of
an immigration officer's agency and name or badge number in a
size and format that complies with the requirements under
paragraph (3).
``(2) Each covered immigration officer who directly engages in a
public immigration enforcement function within the United States shall,
at all times during such engagement, wear visible identification, which
shall include--
``(A) the full name or widely recognized initials of the
officer's employing agency; and
``(B)(i) the officer's last name; or
``(ii) the officer's unique badge or identification number.
``(3) The identifying information described in this paragraph shall
be--
``(A) for the immigration officer's agency, displayed in a
size and format that is clearly legible from a distance of not
less than 25 feet, using materials or markings suitable for
visibility in both daylight and low-light conditions, under
normal operation conditions;
``(B) for the officer's name or badge number, displayed in
a manner that is clearly visible and readable during direct
engagement with the public; and
``(C) displayed on the outermost garment or gear and not
obscured by tactical equipment, body armor, or accessories.
``(4) Covered immigration officers may not wear non-medical face
coverings, including masks or balaclavas, that impair the visibility of
the identifying information required under this subsection or obscure
the officer's face unless such face coverings are operationally
necessary--
``(A) to protect the integrity of a covert, non-public
operation; or
``(B) to guard against hazardous environmental
conditions.''.
SEC. 4. COMPLIANCE AND REPORTING.
(a) Internal Accountability.--The Secretary of Homeland Security
shall ensure that any covered immigration officer who fails to comply
with the requirements under section 287(i) of the Immigration and
Nationality Act, as added by section 3, receive appropriate
administrative discipline, including written reprimand, suspension, or
other personnel actions, consistent with agency policy and any
applicable collective bargaining agreement.
(b) Annual Report to Congress.--Not later than one year after the
date of the enactment of this Act, and annually thereafter, the
Secretary of Homeland Security shall submit a report to the Office for
Civil Rights and Civil Liberties of the Department of Homeland
Security, the Committee on the Judiciary of the Senate, the Committee
on Homeland Security and Governmental Affairs of the Senate, the
Committee on the Judiciary of the House of Representatives, and the
Committee on Homeland Security of the House of Representatives that
includes--
(1) the total number of public immigration enforcement
functions conducted during the reporting period;
(2) the number of documented instances of noncompliance
with section 287(i) of the Immigration and Nationality Act, as
added by section 3; and
(3) a summary of disciplinary or remedial actions taken
against those responsible for such instances of noncompliance.
SEC. 5. ROLE OF THE OFFICE FOR CIVIL RIGHTS AND CIVIL LIBERTIES.
The Office for Civil Rights and Civil Liberties of the Department
of Homeland Security shall--
(1) receive and investigate complaints from the public
concerning violations of section 287(i) of the Immigration and
Nationality Act, as added by section 3;
(2) issue recommendations to relevant Department of
Homeland Security components concerning compliance and
corrective actions that should be taken;
(3) include findings and actions taken pursuant to this
Act, including information contained in the report received
pursuant to section 4(b), in its annual public report submitted
pursuant to section 705(b) of the Homeland Security Act of 2002
(6 U.S.C. 345(b)); and
(4) carry out the responsibilities under this section in
accordance with its statutory authorities, which may include
coordination with the Office of Inspector General of the
Department, as appropriate.
<all>
Introduced in Senate
Read twice and referred to the Committee on the Judiciary. (Sponsor introductory remarks on measure: CR S4258-4259)
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