S.Amdt. 4297

SA 4297. Mr. PADILLA submitted an amendment intended to be proposed
by him to the bill H.R. 7147, making further consolidated
appropriations for the fiscal year ending September 30, 2026, and for
other purposes; which was ordered to lie on the table; as follows:

At the appropriate place, insert the following:
Sec. ___. (a) This section may be cited as the ``Visible
Identification Standards for Immigration-Based Law
Enforcement Act of 2025'' or the ``VISIBLE Act''.
(b) Congress finds that--
(1) transparency and accountability in public immigration
enforcement are essential to maintaining public trust and
upholding constitutional governance; and
(2) immigration enforcement officers should be visibly
identifiable during any civil immigration enforcement
activity at which members of the public may be directly
engaged or present, including actions involving civil and
criminal authority, unless the activity is truly covert and
not observable by the public.
(c) Section 287 of the Immigration and Nationality Act (8
U.S.C. 1357) is amended by adding at the end the following:
``(i)(1) 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
section 287(g) or any other delegation or agreement with the
Department of Homeland Security.
``(B) 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
checkpoint inspection, or the service of a judicial or
administrative warrant; and
``(ii) does not include covert, non-public operations or
non-enforcement activities.
``(C) The term `visible identification' means a display of
an immigration officer's agency and name or badge number in a
size and format that complies with the requirements under
paragraph (3).
``(2) Each covered immigration officer who directly engages
in a public immigration enforcement function within the
United States shall, at all times during such engagement,
wear visible identification, which shall include--
``(A) the full name or widely recognized initials of the
officer's employing agency; and
``(B)(i) the officer's last name; or
``(ii) the officer's unique badge or identification number.
``(3) The identifying information described in this
paragraph shall be--
``(A) for the immigration officer's agency, displayed in a
size and format that is clearly legible from a distance of
not less than 25 feet, using materials or markings suitable
for visibility in both daylight and low-light conditions,
under normal operation conditions;
``(B) for the officer's name or badge number, displayed in
a manner that is clearly visible and readable during direct
engagement with the public; and
``(C) displayed on the outermost garment or gear and not
obscured by tactical equipment, body armor, or accessories.
``(4) Covered immigration officers may not wear non-medical
face coverings, including masks or balaclavas, that impair
the visibility of the identifying information required under
this subsection or obscure the officer's face unless such
face coverings are operationally necessary--
``(A) to protect the integrity of a covert, non-public
operation; or
``(B) to guard against hazardous environmental
conditions.''.
(d)(1) 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, as added by subsection (c), receives
appropriate administrative discipline, including written
reprimand, suspension, or other personnel actions, consistent
with agency policy and any applicable collective bargaining
agreement.
(2) Not later than 1 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

[[Page S615]]

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--
(A) the total number of public immigration enforcement
functions conducted during the reporting period;
(B) the number of documented instances of noncompliance
with section 287(i) of the Immigration and Nationality Act,
as added by subsection (c); and
(C) a summary of disciplinary or remedial actions taken
against those responsible for such instances of
noncompliance.
(e) The Office for Civil Rights and Civil Liberties of the
Department of Homeland Security shall--
(1) receive and investigate complaints from the public
concerning violations of section 287(i) of the Immigration
and Nationality Act, as added by subsection (c);
(2) issue recommendations to relevant Department of
Homeland Security components concerning compliance and
corrective actions that should be taken;
(3) include findings and actions taken pursuant to this
section, including information contained in the report
received pursuant to subsection (d)(1), in its annual public
report submitted pursuant to section 705(b) of the Homeland
Security Act of 2002 (6 U.S.C. 345(b)); and
(4) carry out the responsibilities under this subsection in
accordance with its statutory authorities, which may include
coordination with the Office of Inspector General of the
Department, as appropriate.
______