H.R. 5973

[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5973 Introduced in House (IH)]

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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.
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