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[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[S. 4596 Introduced in Senate (IS)]
<DOC>
119th CONGRESS
2d Session
S. 4596
To strengthen hiring and screening standards for immigration
enforcement officers and to strengthen uniform, identification, and
professional conduct standards for such officers.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
May 20, 2026
Mr. Bennet introduced the following bill; which was read twice and
referred to the Committee on Homeland Security and Governmental Affairs
_______________________________________________________________________
A BILL
To strengthen hiring and screening standards for immigration
enforcement officers and to strengthen uniform, identification, and
professional conduct standards for such officers.
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 ``Training, Responsibility, Uniforms,
and Standards for Transparency Act'' or the ``TRUST Act''.
SEC. 2. STRENGTHENED HIRING AND SCREENING STANDARDS FOR IMMIGRATION
ENFORCEMENT OFFICERS.
(a) Minimum Eligibility Requirements.--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.
(b) Standards.--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.
SEC. 3. DEPARTMENT OF HOMELAND SECURITY UNIFORM AND IDENTIFICATION
REGULATIONS.
(a) Findings.--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''.
(b) Uniform Requirements.--
(1) In general.--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.
(2) Inspections.--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.
(3) Civilian attire.--Civilian attire may not be worn in
combination with any distinguishable part of the official
Department of Homeland Security uniform.
(4) Time and place restrictions.--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.
(5) Limitation on purchase or consumption of alcoholic
beverages.--Department of Homeland Security law enforcement
personnel may not purchase or consume alcoholic beverages while
wearing any part of their uniform.
SEC. 4. DEPARTMENT-ISSUED IDENTIFICATION.
(a) In General.--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.
(b) Display.--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.
(c) Visibility Requirement.--
(1) In general.--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.
(2) Exceptions.--
(A) In general.--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.
(B) Face covering.--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.
(d) Specialized and Undercover Exceptions.--
(1) Defined term.--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.
(2) Arrest team requirements.--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).
SEC. 5. BADGE AND DISTINCTIVE IDENTIFICATION.
(a) Issuance.--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.
(b) Display.--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.
(c) Restriction.--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.
(d) Criminal Penalties for Misrepresentation.--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.
SEC. 6. BODY-WORN CAMERAS.
(a) Provision of Body-Worn Cameras.--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.
(b) Required Activation.--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.
(c) Exceptions; Privacy Notifications.--
(1) En route.--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.
(2) Undercover.--An officer or agent working in an
undercover assignment is not required to wear a body-worn
camera.
(3) Notification.--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.
(d) Permissible Deactivation; Civilian Request.--
(1) Deactivation.--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.
(2) Civilian request.--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.
(e) Failure To Activate or Tampering.--
(1) In general.--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.
(2) Proof compliance was impossible.--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.
(f) Discipline; Certification Consequences.--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.
(g) Integrity of Reports.--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.
(h) Retention of Recordings.--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.
(i) Public Release; Privacy Protections.--
(1) Misconduct.--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).
(2) Death or serious injury.--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).
(3) Prohibition on secondary use during retention period.--
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.
(j) Privacy Protections and Delayed Release.--
(1) Death.--Recordings depicting death shall be made
available to a victim's immediate family or lawful
representative before being publicly released.
(2) Privacy interests.--
(A) In general.--Recordings implicating substantial
privacy interests may be blurred to protect such
interests without removing any portion of the
recording.
(B) Limited release.--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.
(3) Investigations.--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.
SEC. 7. SPECIALIZED TRAINING REQUIREMENTS.
The Secretary of Homeland Security shall require all immigration
enforcement officers and agents to complete specialized training, in
addition to basic training required by the Department, before
conducting enforcement operations, including training on--
(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.
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