TRUST Act

The Secretary of Homeland Security shall enhance the performance, professionalism, and integrity of immigration enforcement officers and agents by establishing strengthened hiring and screening standards for all newly hired officers and agents.

The standards required under subsection (a) shall require each applicant—

(1) to be at least 20 years of age at the time of application and at least 21 years of age at the start of the next scheduled basic training academy;

(2) to possess a high school diploma or equivalent credential at the time of application;

(3) to possess authorization to live and work in the United States, as demonstrated by documentation sufficient to satisfy employment eligibility verification requirements under Federal law; and

(4) to undergo comprehensive background investigations that include—

(A) criminal history checks;

(B) reviews of prior law enforcement or military service, including disciplinary records and sustained complaints;

(C) screening for any history of domestic violence, sexual assault, or other violent conduct;

(D) drug use screening consistent with Federal law;

(E) reviews for affiliations with terrorist organizations, violent extremist groups, or hate-based organizations;

(F) reviews of publicly available social media and online activity for evidence of bias, extremism, discriminatory conduct, or advocacy of violence; and

(G) psychological suitability assessments to ensure fitness for duty, sound judgment, and the ability to safely interact with the public.

Congress finds that Department of Homeland Security law enforcement personnel, including U.S. Immigration and Customs Enforcement officers and agents (including Enforcement and Removal Operations and Homeland Security Investigations) and U.S. Customs and Border Protection officers, agents, and specialists, wear a uniform that identifies such personnel—

(1) as Federal immigration law enforcement authorities; and

(2) as authorized personnel of a specific directorate within the Department of Homeland Security and not as Police.

All uniformed Department of Homeland Security law enforcement personnel, including sworn U.S. Immigration and Customs Enforcement officers and agents and U.S. Customs and Border Protection officers, agents, and specialists—

(A) shall possess and maintain at all times a serviceable uniform and the necessary equipment to perform uniformed field duty;

(B) shall maintain their uniforms and equipment in a serviceable condition in order to be ready at any time for immediate use;

(C) shall keep their uniforms neat, clean, and having the appearance of being professionally pressed;

(D) may only wear the uniform specified for their rank, assignment, and component within the Department of Homeland Security;

(E) may not loan any portion of the uniform to others; and

(F) may not permit the uniform, badge, insignia, or markings to be reproduced or duplicated.

All supervisors shall perform periodic inspections of Department of Homeland Security law enforcement personnel to ensure conformance with Department of Homeland Security uniform specifications and procedures.

Civilian attire may not be worn in combination with any distinguishable part of the official Department of Homeland Security uniform.

Department of Homeland Security law enforcement personnel may only wear a uniform while on duty, while in transit to or from duty, for court appearances, or at other official Department of Homeland Security functions or events.

Department of Homeland Security law enforcement personnel may not purchase or consume alcoholic beverages while wearing any part of their uniform.

The Department of Homeland Security shall issue to each U.S. Immigration and Customs Enforcement officer or agent and each U.S. Customs and Border Patrol officer, agent, or specialist an official identification card bearing the employee’s name, identifying information, photograph, and a unique serial number. All such personnel shall be in possession of such identification card while on duty or when carrying a concealed firearm under Federal authority.

Except as provided in subsection (c)(2), Department of Homeland Security officers and agents shall clearly display their Department-issued identification and badge in a courteous manner to any person upon request and as soon as practical while on duty or acting in an official capacity.

Except as provided in paragraph (2) and section 5(b), every Department of Homeland Security immigration enforcement officer or agent conducting an immigration enforcement function shall visibly display—

(A) the individual’s last name and a unique identifier;

(B) the name of the employing agency; and

(C) the face of such officer or agent.

The requirement under paragraph (1) shall not apply to any individual who is engaged in an undercover assignment involving the use of an assumed name or a cover identity.

The requirement under paragraph (1)(C) shall not apply if the officer or agent—

(i) is engaged in a specialized tactical assignment;

(ii) is working in a hazardous or high-risk environment;

(iii) is wearing a face covering as a protection from weather-related conditions; or

(iv) has received prior approval to wear a face covering due to a medical condition.

In this section and in section 6, the term undercover assignment only means an authorized investigative operation in which—

(A) an agent is assuming a covert identity or persona to infiltrate a specific criminal enterprise;

(B) the mission is conducted for the primary purpose of gathering evidence regarding felony violations of Federal law, such as human trafficking or narcotics smuggling; and

(C) the revelation of the agent’s identity would pose an immediate and demonstrable threat to the safety of the agent or the integrity of the investigation.

Notwithstanding any undercover assignment, all agents involved in the physical arrest, transport, or processing of a detained individual must be clearly identifiable in accordance with the standards described in subsections (a) and (b).

The Secretary of Homeland Security shall issue to each U.S. Immigration and Customs Enforcement officer or agent, each U.S. Customs and Border Protection officer, agent, or specialist, and each other Department of Homeland Security sworn enforcement officer a badge of authority bearing the seal of the Department of Homeland Security and the title of the directorate for which they are employed encircling such seal, along with the designation of the position held by the officer. Each such badge shall be serially numbered and each officer shall display a distinctive identifying number.

All Department of Homeland Security officers and agents and other uniformed Department of Homeland Security immigration enforcement personnel, while on duty, shall be dressed in full distinctive uniform and shall display the official badge and visible identification of their office, except when authorized by the Secretary or designee to operate in plain clothes.

Neither the Secretary of Homeland Security nor any other person may issue a badge, uniform, insignia, or identification to any individual who is not a duly authorized, classified, and regularly appointed officer or employee of the Department of Homeland Security.

Any person who, without authority, wears or duplicates a Department of Homeland Security badge, uniform, or equipment with intent to represent himself or herself as a Federal immigration officer shall be subject to Federal criminal penalties.

The Secretary of Homeland Security shall ensure that each immigration enforcement officer or agent who interacts with members of the public is equipped with a body-worn camera. All such cameras shall be worn in a location and manner that maximizes the camera’s ability to capture video footage of the officer’s activities.

Except as provided under subsections (c) and (d), an immigration enforcement officer or agent shall wear and activate a body-worn camera, and a dash camera if the officer’s vehicle is equipped with such a camera, while—

(1) responding to a call for an enforcement action;

(2) entering any premises for the purpose of enforcing the law or investigating possible violations of law; or

(3) engaging in any interaction with a member of the public initiated by an officer or agent, whether consensual or nonconsensual, for the purpose of enforcing the law or investigating possible violations of law.

A body-worn camera need not be activated while an officer or agent is traveling to a call for an enforcement action, but shall be activated shortly before the officer or agent arrives at the scene.

An officer or agent working in an undercover assignment is not required to wear a body-worn camera.

An officer or agent wearing a body-worn camera shall notify all subjects of the recording that they are being recorded as close to the commencement of the encounter as is reasonably possible.

An immigration enforcement officer or agent may deactivate a body-worn camera—

(A) while working on an unrelated assignment or during a prolonged break in an incident; or

(B) during administrative, tactical, or management discussions when members of the public are not present.

Before entering a private residence without a warrant, or when interacting with an apparent crime victim or anonymous source, an officer shall ask if the individual wants the camera to be deactivated. If the individual responds affirmatively, the officer shall deactivate the camera. The offer to deactivate and the response from the victim or source shall be recorded by the camera before such deactivation.

If an officer or agent fails to activate a body-worn camera in accordance with the requirements under this section or tampers with camera footage when activation is required—

(A) there shall be a permissive inference, in any investigation or legal proceeding (excluding criminal proceedings against the officer or agent), that the missing footage would have reflected misconduct;

(B) any statements or conduct that was not recorded by other means shall be subject to a rebuttable presumption of inadmissibility; and

(C) a rebuttable evidentiary presumption shall be adopted in favor of criminal defendants or civil plaintiffs who reasonably assert that exculpatory evidence was destroyed or not captured.

The disciplinary action requirement and rebuttable presumptions described in subparagraphs (B) and (C) of paragraph (1) may be overcome by contrary evidence or proof of exigent circumstances that made compliance impossible.

In addition to any criminal liability—

(1) if an adjudicative body or final agency determination finds that an officer or agent intentionally failed to activate or tampered with a camera (except as permitted under this section), the employing agency shall impose discipline upon the officer or agent, up to and including termination, consistent with applicable law;

(2) unless otherwise permitted under this section, if the conduct of the officer or agent was undertaken with the intent to conceal unlawful or inappropriate actions or obstruct justice, the officer’s or agent’s certification or authority to perform enforcement duties shall be suspended for not less than 1 year, subject to reinstatement only upon exoneration; and

(3) if such conduct occurred in an incident resulting in the death or serious bodily injury of a civilian, the officer’s or agent’s certification or authority to perform enforcement duties shall be permanently revoked, subject to reinstatement only upon exoneration.

No officer or agent may review or receive an accounting of any body-worn camera footage related to a use of force or misconduct complaint before completing all required initial reports, statements, and interviews regarding the recorded event.

The Secretary of Homeland Security shall establish a retention schedule for body-worn camera recordings that requires—

(1) standard footage to be retained for a period of not less than 6 months; and

(2) footage involving the use of force or a complaint to be retained for a period of not less than 3 years.

Not later than 21 days after receiving a complaint alleging misconduct by an immigration enforcement officer or agent, the Department of Homeland Security shall release all unedited audio and video recordings of the incident to the public, subject to privacy protections and delayed release provisions under subsection (j).

Not later than 5 days after an immigration enforcement incident resulting in death or serious injury, the Department of Homeland Security shall release all unedited audio and video recordings of the incident to the public, subject to privacy protections and delayed release provisions under subsection (j).

During any retention period established under this subsection, body-worn camera footage shall be stored in an isolated system that is not accessible to, and may not be queried by, any immigration enforcement targeting system, fusion center, or interagency intelligence platform. Access to retained footage shall be limited to personnel directly involved in accountability review or legal proceedings arising from the recorded interaction.

Recordings depicting death shall be made available to a victim’s immediate family or lawful representative before being publicly released.

Recordings implicating substantial privacy interests may be blurred to protect such interests without removing any portion of the recording.

If blurring a recording is insufficient—

(i) the recording shall be released to affected individuals or their lawful representatives; and

(ii) the Department of Homeland Security shall notify affected persons of their right to waive the restrictions under this subsection.

A recording of alleged misconduct may be temporarily withheld if the release of such recording would substantially interfere with an ongoing investigation. Such recording shall be publicly released not later than 45 days after the allegation of misconduct, accompanied by a written justification for the delay.

(1) identity verification procedures and documentation review designed to prevent the wrongful detention of United States citizens, lawful permanent residents, Native Americans, and other individuals who are lawfully present in the United States;

(2) deescalation techniques and safe civilian engagement practices to ensure immigration enforcement operations are conducted in a manner that protects public safety and reduces the risk of unnecessary force;

(3) language access and interpretation procedures to ensure effective communication during enforcement encounters with individuals who have limited English proficiency;

(4) recognizing medical distress, disabilities, and mental health conditions, and responding appropriately during enforcement encounters to individuals experiencing medical emergencies or requiring disability-related accommodations;

(5) constitutional protections and civil rights laws governing immigration enforcement activities, including protections against unlawful searches, seizures, and discriminatory enforcement; and

(6) preventing discriminatory enforcement practices, including profiling based on race, ethnicity, national origin, religion, or language proficiency.