ICE Standards Act

Not later than 180 days after the date of enactment of this Act, the Secretary of Homeland Security shall submit a report to the Committee on Homeland Security of the House of Representatives and the Committee on Homeland Security and Governmental Affairs of the Senate describing the standards, policies, and practices governing the training of immigration officers (as such term is defined in section 101(a) of the Immigration and Nationality Act (8 U.S.C. 1101(a))).

The Secretary of Homeland Security shall require each immigration officer to complete training not less than once a year, including web based, classroom, and tactical instruction, on updated policies on use of force and applicable legal developments, and training designed to—

(A) promote sound judgment and responsible decision-making in the application of both nonlethal and lethal force;

(B) emphasize and practice de-escalation strategies to mitigate risk to officers and the public;

(C) ensure that the immigration officer is educated on rights protected under the First Amendment, including those of members of the press, demonstrators, and individuals engaged in lawful assembly, and performs duties in accordance with such protections; and

(D) ensure searches and seizures are conducted consistent with the Fourth Amendment.

The Secretary of Homeland Secretary shall require the use of—

(A) body-worn cameras by all immigration officers; and

(B) dashboard cameras for all vehicles being used in Federal immigration enforcement operations.

An immigration officer has the right to review footage captured by body-worn cameras and dashboard cameras.

The Secretary of Homeland Security shall require each immigration officer to wear a uniform or identification clearly displaying the immigration officer or the name of the agency in which the officer is employed, unless—

(A) there is a public safety or national security threat;

(B) not wearing identification is necessary to carry out the operation safely; or

(C) the personnel receives prior written approval from a supervisory officer.

An immigration officer may not wear a uniform that bears any identifier as police, unless the uniform clearly displays the name of the agency in which the officer is employed.

Section 287 of the Immigration and Nationality Act (8 U.S.C. 1357) is amended by adding at the end the following:

(1) Except as provided in paragraph (2), an officer or an agent of U.S. Immigration and Customs Enforcement or U.S. Customs and Border Protection may not perform an immigration enforcement action in a protected area.

(2) This subsection shall not apply—

(A) under exigent circumstances, including an immigration enforcement action that involves a national security threat, the pursuit of an individual who poses an imminent public safety threat, or the pursuit of an individual entering or attempting to enter the United States in the presence of the officer or agent;

(B) under circumstances that involves the imminent risk of death, violence, or physical harm to a person or the imminent risk that evidence material to a criminal case will be destroyed; or

(C) where a safe alternative location does not exist outside of the protected area.

(3) The term protected area means any school, any hospital, medical facility, mental health facility, any place of worship or religious study (including permanent or temporary locations), and any polling place or voting site.

The Secretary of Homeland Security shall require each immigration officer to make all reasonable efforts to de-escalate tensions prior to using force.

The Secretary of Homeland Security shall require each immigration officer to verify citizenship status of an individual prior to arrest.

A national of the United States may not be deported from the United States.

The Secretary of Homeland Security shall notify local law enforcement agencies of impending Federal immigration enforcement operations in their jurisdiction at least one day before such operation occurs.

The Secretary of Homeland Security shall make every effort to coordinate the operations Federal immigration officers with State and local law enforcement.