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:

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—