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[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[S. 3683 Introduced in Senate (IS)]
<DOC>
119th CONGRESS
2d Session
S. 3683
To establish clear standards, training requirements, and reporting
relating to immigration enforcement personnel.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
January 15, 2026
Mr. Kelly (for himself and Mr. Gallego) introduced the following bill;
which was read twice and referred to the Committee on the Judiciary
_______________________________________________________________________
A BILL
To establish clear standards, training requirements, and reporting
relating to 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 2026''.
SEC. 2. ENFORCEMENT STANDARDS.
Chapter 9 of title II of the Immigration and Nationality Act (8
U.S.C. 1351 et seq.) is amended by inserting after section 287 the
following:
``SEC. 287A. FEDERAL IMMIGRATION ENFORCEMENT.
``(a) Use of Force.--
``(1) Use of non-deadly force standard.--All Federal
immigration enforcement personnel may only use non-deadly force
if--
``(A) no reasonably effective, safe, and feasible
alternative appears to exist to bring an unlawful
situation safely and effectively under control, after
taking into account relevant factors, such as age,
injury, disability, and size of the subject;
``(B) all reasonable efforts are made to de-
escalate tensions prior to using force;
``(C) the level of force used is proportional to
the seriousness of the actual or threatened resistance;
and
``(D) the risk of injury to a third person is
minimized while using non-deadly force.
``(2) 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 1-16.200 of the Justice Manual.
``(3) Reasonableness.--The reasonableness of a particular
use of force shall--
``(A) be judged from the perspective of a
reasonable officer on the scene; and
``(B) 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 tense, uncertain, and rapidly
evolving.
``(4) Retreat.--
``(A) Defined term.--In this paragraph, the term
`retreat' does not mean tactical repositioning or other
de-escalation tactics.
``(B) In general.--Federal immigration enforcement
personnel who make or attempt to make an arrest--
``(i) need not retreat or desist from their
efforts by reason of the resistance or
threatened resistance of the person being
arrested; and
``(ii) 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, as
determined under paragraph (1)(A), to effect an
arrest, prevent escape, or overcome resistance.
``(5) Affirmative duty.--Federal immigration enforcement
personnel have an affirmative duty--
``(A) 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 of the
United States, this Act or any other Federal law, or
applicable policies regarding the reasonable use of
force;
``(B) 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 General; and
``(C) to recognize and act upon their duty to
request and render medical aid, as appropriate.
``(6) Masks.--Federal immigration enforcement personnel may
not wear masks or face coverings unless a supervisory officer
provides written approval for such use because--
``(A) the target of their enforcement activity
poses a national security threat;
``(B) there is a high likelihood that such
personnel need to maintain anonymity for future covert
operations; or
``(C) masks are necessary to protect such
personnel's physical health from environmental hazards.
``(7) Identification.--
``(A) 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--
``(i) the target of their enforcement
activity poses a public safety threat or a
national security threat;
``(ii) not wearing such identification is
necessary to safely carry out the enforcement
activity; and
``(iii) such personnel receive prior
written approval to not wear such
identification from a supervisory officer.
``(B) 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
officers.
``(b) Restricted Equipment.--Federal immigration enforcement
personnel are prohibited from using or being equipped with noise flash
diversionary devices (also known as flashbangs), rubber bullets, pepper
balls, and tear gas unless such personnel--
``(1) are trained and certified for the use of the
specified equipment;
``(2) are carrying out an immigration enforcement operation
that involves--
``(A) the arrest of a person who--
``(i) is in the presence or view of such
personnel; and
``(ii) is entering or attempting to enter
the United States in violation of any law; or
``(B) an enforcement target who is presenting a
public safety threat or a national security threat; and
``(3) with respect to circumstances described in paragraph
(2)(B), have completed a tactical action plan (or 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 target) that--
``(A) has been approved by their supervisor;
``(B) outlines the equipment they expect to use in
the operation; and
``(C) provides justification for the need for such
equipment.
``(c) Backup Team.--
``(1) In general.--Any operation that does not qualify for
an exception under subsection (b) 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 risk.
``(2) 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 States.
``(d) Investigations.--
``(1) 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 and, if
necessary, discipline Federal immigration enforcement
personnel, within their primary jurisdiction, who violate the
requirements under this section.
``(2) 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
injury.
``(e) Body and Vehicle Camera Requirements.--
``(1) In general.--Not later than 180 days after the date
of the enactment of the Stop Excessive Force in Immigration Act
of 2026, 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--
``(A) 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 circumstances;
``(B) training requirements, procedures, and best
practices for the use of body worn cameras and
dashboard cameras; and
``(C) 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 policies.
``(3) Exception.--The directive required under paragraph
(1) 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--
``(A) is maintained in good working order; and
``(B) 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 camera.
``(4) Retention of footage.--
``(A) In general.--Except as provided in
subparagraph (B), video footage from body worn cameras
and dashboard cameras shall be retained by the
Department of Homeland Security for 1 year after the
date on which it was recorded and then permanently
deleted.
``(B) Additional retention requirements.--
Notwithstanding the retention and deletion requirements
under subparagraph (A)--
``(i) the video footage referred to in
subparagraph (A) shall be automatically
retained for not less than 3 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 3 years if a longer retention
period is voluntarily requested by--
``(I) the Federal immigration
enforcement personnel whose body
cameras recorded the video footage if
such personnel reasonably assert--
``(aa) the video footage
has evidentiary or exculpatory
value in an ongoing
investigation; or
``(bb) they are subjects of
the video footage and they
reasonably assert the video
footage has evidentiary or
exculpatory value;
``(II) 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
value;
``(III) any uniformed law
enforcement officer if the video
footage is being retained solely and
exclusively for law 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, next of kin, or
legally authorized designee of a
deceased person who is a subject of the
video footage; or
``(iii) video footage may not be discarded
until the conclusion of any investigation or
lawsuit to which such video footage is
relevant.
``(5) Right to inspect.--During the retention periods
described in paragraph (4), the right to inspect, but not
retain or in any matter alter, the body camera footage shall be
given to--
``(A) any individual who is a subject of body
camera video footage and his or her designated legal
counsel;
``(B) any parent of a minor who is a subject of the
body camera video footage and his or her designated
legal counsel;
``(C) the spouse, next of kin, or legally
authorized designee of a deceased subject of body
camera video footage and his or her 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 under this subsection;
``(E) the superior officers of the personnel whose
body cameras recorded the video footage, subject to the
limitations and restrictions under this subsection;
``(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
his or her client;
``(G) any Member of Congress representing the
district in which the operation in the video took
place; and
``(H) any Member of Congress who sits on a
congressional committee with jurisdiction over the
operation depicted in such video footage.
``(f) Training.--Federal immigration enforcement personnel shall
receive training, not less frequently than annually, on use of force
policies and related legal updates, including training--
``(1) that reinforces the appropriate exercise of
discretion and judgment in using non-deadly and deadly force;
``(2) that provides techniques for the use of and reinforce
the importance of de-escalation;
``(3) on compliance with the protections contained in the
First Amendment to the Constitution of the United States for
journalists, protesters, and those who assemble;
``(4) on compliance with the protections contained in the
Fourth Amendment to the Constitution of the United States
against unreasonable searches and seizures;
``(5) that reinforces the illegality of determining
immigration enforcement targets primarily based on race;
``(6) that reinforces the affirmative duty of Federal
immigration enforcement personnel--
``(A) to intervene to prevent or stop, as
appropriate, any fellow officer from engaging in
excessive force or any other use of force that violates
the Constitution of the United States, any Federal law,
or any applicable policy on the reasonable use of
force; and
``(B) to request and render medical aid, as
appropriate, whenever needed; and
``(7) on documenting and keeping records of practice for
immigration enforcement operations.
``(g) Requiring Notification for Local Law Enforcement.--Federal
immigration enforcement personnel shall notify local law enforcement of
impending operations in their respective jurisdictions.
``(h) DHS Reporting Requirements.--Beginning not later than 3
months after the date of the enactment of the Stop Excessive Force in
Immigration Act of 2026, 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 threat, including--
``(1) a report detailing instances where deadly or non-
deadly force was used, including--
``(A) the level of public safety or national
security threat posed by the target;
``(B) the reason deadly or non-deadly force was
administered;
``(C) specific instances where deadly or non-deadly
force was improperly administered; and
``(D) the measures the Department of Homeland
Security took to ensure accountability for the improper
use of deadly or non-deadly force;
``(2) a report detailing instances of assaults against
Federal immigration enforcement personnel, including--
``(A) the total number of personnel involved in
immigration enforcement operations;
``(B) the number of assaults against Federal
immigration enforcement personnel; and
``(C) details regarding the severity of such
assaults;
``(3) a classified report detailing instances in which
Federal immigration enforcement personnel operated without
identification; and
``(4) a report regarding the frequency of Federal
immigration enforcement personnel using facial coverings.
``(i) DOJ Reporting Requirement.--The Attorney General shall submit
a semiannual report to Congress that describes--
``(1) the number and circumstances of incidents of
individuals falsely impersonating Federal immigration
enforcement personnel;
``(2) the public safety impact of such incidents; and
``(3) how the Department of Justice is combating such
impersonations.
``(j) Databases.--
``(1) Training and certification database.--
``(A) In general.--The Secretary of Homeland
Security shall maintain a database that--
``(i) identifies all Federal immigration
enforcement personnel who have completed all
necessary training and certification
requirements for using the equipment that is
restricted under subsection (b); and
``(ii) is accessible to the supervisors of
such personnel.
``(B) Enforcement.--Supervisors of Federal
immigration enforcement personnel shall be held
accountable if--
``(i) any such personnel use equipment
restricted under subsection (b) without
receiving the necessary training and
certification; or
``(ii) they improperly approve the use of
such equipment by subordinate Federal
immigration enforcement personnel.
``(2) Reports database.--
``(A) In general.--The Secretary of Homeland
Security shall create a searchable database that
includes all reports generated by Federal immigration
enforcement personnel, including--
``(i) the use of force incident reporting
system, which shall contain records for all
deployments of force by such personnel;
``(ii) significant incident reports, which
shall contain records for all operational
anomalies or escalations involving such
personnel; and
``(iii) reports involving alleged
violations of civil rights or civil liberties,
which shall contain records of all allegations
of abuse or misconduct by such personnel.
``(B) Availability.--
``(i) Unredacted availability.--Entries
from the database created pursuant to
subparagraph (A) shall be accessible by--
``(I) any Member of Congress
representing the district in which the
reported incident occurred; and
``(II) any Member of Congress who
sits on a congressional committee with
jurisdiction over the personnel who are
the subjects of such entries.
``(ii) Redacted availability.--The
Secretary of Homeland Security shall make
available to the public a version of the
database created pursuant to subparagraph (A)
that redacts any sensitive, personal
information.
``(k) Definitions.--In this section:
``(1) Federal immigration enforcement personnel.--The term
`Federal immigration enforcement personnel' includes any
immigration agent or officer who--
``(A) is using the authority to conduct arrests or
enforcement actions under section 236 or 287; or
``(B) provides support to the personnel who are
conducting an enforcement action.
``(2) National security threat.--The term `national
security threat' means any threat posed by transnational
criminal organizations, cartels, human trafficking
organizations, foreign terrorist organizations, and gangs with
a demonstrated international reach, as determined by the
Secretary of Homeland Security.
``(3) Public safety threat.--The term `public safety
threat' means an imminent and substantial threat to the safety
of others posed by an individual, as determined by the
Secretary of Homeland Security.''.
SEC. 3. RULE OF CONSTRUCTION.
Nothing in this Act, or in the amendments made by this Act, may be
construed--
(1) to provide Federal immigration enforcement personnel
additional authority to exercise excessive or deadly force;
(2) to prevent Federal immigration enforcement personnel
from taking action necessary to ensure the safety of
themselves, other personnel, or bystanders; or
(3) to require State or local law enforcement to assist or
to be involved in Federal immigration enforcement activities.
<all>
Introduced in Senate
Read twice and referred to the Committee on the Judiciary.
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