[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[S. 2212 Introduced in Senate (IS)]

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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.
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