Protecting Our Communities Act

Summary#

The Protecting Our Communities Act would set new rules for federal immigration enforcement. It requires the Department of Homeland Security (DHS) to issue a directive that all federal immigration enforcement personnel use body-worn cameras and that vehicles used in immigration enforcement use dashboard cameras. Cameras must have a wide field of view, be worn to capture officer activity, and be turned on by default during enforcement operations. Cameras may be turned on later if immediate danger prevents activation, and must remain on until the operation ends and the officer leaves the scene. Camera footage may not be used to collect intelligence on protected speech, associations, or religion, and cameras must not use facial recognition. Footage must be kept for one year and then deleted. Specified people (including subjects of footage, their lawyers, certain family members, and some officers) have the right to inspect footage during that year.

The bill also requires DHS officers and agents who detain or arrest someone in a border or immigration enforcement role to display their official component identification and wear visible insignia or uniforms during the encounter. Officers may not cover their faces during such detentions or arrests, though the bill says tactical gear consistent with DHS policy is allowed. DHS must report on tactical gear policies and may develop technology to make insignia more visible.

The Secretary must develop de-escalation and alternatives-to-force training for federal immigration enforcement personnel within 180 days. The training must include scenario exercises, pre/post tests, and follow-up assessments, and must be developed in consultation with state and local law enforcement, immigrant organizations, mental health groups, labor and law enforcement organizations, and civil rights groups.

The bill requires federal immigration enforcement to notify local law enforcement of impending operations in their jurisdiction. It also requires DHS to start sending Congress reports (beginning within 3 months of enactment and then every 6 months) on: criteria used to determine if an immigrant poses a safety or security threat; instances where nondeadly force was used, including reasons and improper uses; measures taken for accountability; assaults against enforcement personnel including totals and severity; and instances when personnel operated without displaying insignia or uniform.

What it means for you#

  • Federal immigration officers would normally wear visible ID and insignia during detentions or arrests, and would generally not be able to cover their faces in those encounters.
  • People who are recorded by DHS body or vehicle cameras (including minors and deceased persons' next of kin) would have a right to inspect the footage for up to one year after recording.
  • DHS must create de-escalation training and follow-up assessments for immigration officers, developed with input from community and professional groups.
  • Local law enforcement would be notified before federal immigration operations occur in their area.
  • Congress would receive regular reports every six months on use of force, assaults on personnel, and failures to display insignia.

Expenses#

No publicly available information on estimated costs or funding sources is included in the bill text provided.

Proponents' View#

No publicly available information.

Opponents' View#

No publicly available information.