Trust Through Transparency Act of 2025

[Congressional Bills 119th Congress] [From the U.S. Government Publishing Office] [H.R. 5653 Introduced in House (IH)]

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119th CONGRESS 1st Session H. R. 5653

To amend section 287 of the Immigration and Nationality Act to require all immigration enforcement officers to wear and operate a body camera during public-facing immigration enforcement actions and to promote transparency and accountability.

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IN THE HOUSE OF REPRESENTATIVES

September 30, 2025

Mr. Norcross introduced the following bill; which was referred to the Committee on the Judiciary, and in addition to the Committee on Homeland Security, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned

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A BILL

To amend section 287 of the Immigration and Nationality Act to require all immigration enforcement officers to wear and operate a body camera 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 TITLE.

This Act may be cited as the ``Trust Through Transparency Act of 2025''.

SEC. 2. IN GENERAL.

Section 287 of the Immigration and Nationality Act (8 U.S.C. 1357) is amended by adding at the end the following: ``(i) Body Camera Usage.-- ``(1) In general.--Not later than each covered immigration agent shall wear and operate a body camera during any public immigration enforcement function. ``(2) Use of footage.--Except as provided in paragraph (3), video footage from such a body camera shall be retained by Immigration and Customs Enforcement for six months from the date the footage was recorded. The video footage shall thereafter be permanently deleted unless the footage captures-- ``(A) images involving any use of force; ``(B) events preceding and including an arrest for a crime or attempted crime; or ``(C) an encounter about which a complaint has been registered by a subject of the video footage. ``(3) Extended retention period.--Video footage from such a body camera shall be retained for not less than three years if a longer retention period is voluntarily requested by-- ``(A) the covered immigration officer whose body worn camera recorded the video footage, if that officer reasonably asserts the video footage has evidentiary or exculpatory value; ``(B) a covered immigration officer who is a subject of the video footage, if that officer reasonably asserts the video footage has evidentiary or exculpatory value; ``(C) any superior officer of an officer whose body worn 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; ``(D) a covered immigration officer, if the video footage is being retained solely and exclusively for training purposes; ``(E) a member of the public who is a subject of the video footage; ``(F) a parent or legal guardian of a minor who is a subject of the video footage; or ``(G) a deceased subject's next of kin or legally authorized designee. ``(4) Definitions.--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 subsection (g) or any other delegation or agreement with the Department of Homeland Security. ``(B) The term `body worn camera' means a mobile audio and video recording system worn by a law enforcement officer, but shall not include a recording device worn by a law enforcement officer while engaging in an undercover assignment. ``(C) 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 check point inspection, or the service of a judicial or administrative warrant; and ``(ii) does not include covert, non-public operations or non-enforcement activities.''.

SEC. 3. 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 shall 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; and (3) a summary of disciplinary or remedial actions taken against those responsible for such instances of noncompliance. (c) Public Availability.--The annual report shall be made available to the public on the website of the Department of Homeland Security within 30 days of submission to Congress. The Inspector General may redact information from the public version of the report where necessary to protect sensitive law enforcement operations, ongoing investigations, or individual privacy, provided that the justification for such redactions is included. (d) Independent Review Panel.--The Secretary of Homeland Security shall establish an independent advisory panel composed of individuals with expertise in civil rights, privacy, technology, and law enforcement oversight to provide non-binding recommendations on policies governing the use and management of body cameras and recorded footage. <all>