H.R. 4843: Combating Law Enforcement Anonymity by Requiring Identification Disclosure Act

This bill, known as the Combating Law Enforcement Anonymity by Requiring Identification Disclosure Act (or CLEAR ID Act), aims to address concerns regarding impersonation of immigration enforcement officers by requiring that real law enforcement officers clearly identify themselves during civil immigration enforcement actions. Here are the main points of the bill:

Findings

The bill highlights several incidents that have occurred in the United States where individuals have unlawfully impersonated U.S. Immigration and Customs Enforcement (ICE) officers. Examples include:

• A man was arrested in Chicago while pretending to be an ICE officer and carrying a weapon without a license.
• In Philadelphia, a person zip-tied a woman and stole from a business while impersonating an ICE official.
• A woman in Florida was arrested for abducting another woman while posing as an ICE officer.
• A man was involved in misconduct in South Carolina while claiming to be an ICE officer.

These incidents have raised concerns about public trust in law enforcement and the dangers posed by impersonators.

Use of Federal Funds

The bill stipulates that no federal funds provided to the Department of Homeland Security (DHS) can be used for civil immigration enforcement unless specific identification requirements are met by the officers involved. These requirements include:

• Officers must not wear masks or any facial coverings that conceal their identities.
• If a vehicle is used during the enforcement action, it must visibly display the agency’s name.
• Officers must verbally and visibly identify themselves, showing proper identification, including a badge and uniform.

Exceptions

There are exceptions to these requirements if:

• A mask or facial covering is medically necessary.
• A mask is needed to protect the integrity of an ongoing undercover operation that follows specific approval criteria.

Approval Criteria for Undercover Operations

If an undercover operation requires officers to conceal their identities, the bill outlines criteria for approval, including:

• Evaluating risks of personal injury, property damage, or financial loss.
• Considering the risks of civil liability or loss to the government.
• Assessing threats to privacy or confidential relationships.
• Determining the legal implications of undercover conduct.
• Reviewing the appropriateness of government participation in the planned activities.

Definition of Covered Immigration Officers

The bill defines "covered immigration officers" to include:

• Personnel from U.S. Customs and Border Protection (CBP).
• Personnel from U.S. Immigration and Customs Enforcement (ICE).
• Personnel from any federal, state, or local agency authorized by the Secretary of Homeland Security for civil immigration enforcement actions.

Relevant Companies

• None found