HR5653-119

1. Short title This Act may be cited as the Trust Through Transparency Act of 2025.

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: Not later than each covered immigration agent shall wear and operate a body camera during any public immigration enforcement function. 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— images involving any use of force; events preceding and including an arrest for a crime or attempted crime; or an encounter about which a complaint has been registered by a subject of the video footage. 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— 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; 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; 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; a covered immigration officer, if the video footage is being retained solely and exclusively for training purposes; a member of the public who is a subject of the video footage; a parent or legal guardian of a minor who is a subject of the video footage; or a deceased subject's next of kin or legally authorized designee. In this subsection: The term covered immigration officer means any individual who is— authorized to perform immigration enforcement functions; and an officer or employee of U.S. Customs and Border Protection; an officer or employee of U.S. Immigration and Customs Enforcement; or 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. 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. The term public immigration enforcement function— 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 does not include covert, non-public operations or non-enforcement activities. (i)Body camera usage(1)In generalNot later than each covered immigration agent shall wear and operate a body camera during any public immigration enforcement function.(2)Use of footageExcept 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 periodVideo 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)DefinitionsIn 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..

3. Compliance and reporting 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. 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— the total number of public immigration enforcement functions conducted during the reporting period; the number of documented instances of noncompliance with section 287(i) of the Immigration and Nationality Act; and a summary of disciplinary or remedial actions taken against those responsible for such instances of noncompliance. 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. 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.