Immigration Enforcement Staff Body Camera Accountability Act
Sponsored By: Representative Espaillat
Introduced
Summary
Always-on body cameras for all immigration enforcement staff. This bill would require ICE and CBP to outfit and operate body-worn cameras that stay on for each shift and to set rules for how footage and any AI or facial recognition tools are used.
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- Immigration enforcement staff: Agents, officers, and detention staff would have to turn cameras on at the start of each shift and keep them on for the whole shift. Intentional or unexplained outages can trigger discipline ranging from pay or grade reduction to furlough or suspension up to 30 days.
- People encountered and legal parties: Footage collected must be made available to each party in related administrative, civil, or criminal proceedings. If footage is not shared, an affected party can notify ICE or CBP leadership to prompt adverse action.
- Privacy and technology oversight: Agencies must adopt policies that acknowledge the limits of AI and facial recognition and follow civil-rights model guidance. The Department of Homeland Security inspector general must conduct annual privacy impact assessments and the Secretary must begin rulemaking within 60 days after enactment.
- Budget: No new funding is authorized; the requirements must be carried out using amounts already available to the agencies.
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Bill Overview
Analyzed Economic Effects
4 provisions identified: 2 benefits, 1 costs, 1 mixed.
Body cameras for immigration enforcement staff
This bill would require all ICE and CBP agents, and detention staff who interact with detainees, to wear body cameras. Cameras would have to be turned on at the start of each shift and stay on the whole shift. This requirement would take effect no later than when the DHS rule is finalized.
Rules for footage access and privacy
Within 60 days of enactment, DHS would have to start a rulemaking on how cameras are used and how footage is shared. People in administrative, civil, or criminal cases would be able to get footage that relates to their case, under DHS rules. If footage is not provided, the person could notify ICE or CBP leadership to start adverse action. DHS’s Inspector General would conduct a privacy review each year on how footage is collected, stored, and shared. The rule would follow civil-rights principles and compare leading model laws.
Discipline and AI limits for cameras
ICE and CBP would have to create policies, training, and best practices for body camera use. They would set rules for AI and facial recognition that admit these tools have limits and can be inaccurate. Staff who violate the always-on rule could face furlough, a pay or grade cut, or up to 30 days’ suspension under federal civil service rules. The Secretary could not call a camera a malfunction unless the employee provides evidence that it failed.
No new funding for camera rules
This bill would not authorize extra money for these camera requirements. DHS, ICE, and CBP would have to use current funds to carry them out.
Sponsors & CoSponsors
Sponsor
Espaillat
NY • D
Cosponsors
There are no cosponsors for this bill.
Roll Call Votes
No roll call votes available for this bill.
View on Congress.gov