S. 3683: Stop Excessive Force in Immigration Act of 2026

The Stop Excessive Force in Immigration Act of 2026 aims to set clear standards, training requirements, and reporting measures for federal immigration enforcement personnel. The bill includes the following key provisions:

Use of Force Standards

Federal immigration enforcement personnel are mandated to strictly adhere to the following guidelines when using force:

• Non-Deadly Force: Personnel may only use non-deadly force if no safe and effective alternatives exist, all reasonable efforts are made to de-escalate situations, the force is proportionate to the resistance, and the risk of injury to others is minimized.
• Deadly Force: Any use of deadly force must comply with existing Department of Justice policies.
• Reasonableness of Force: The evaluation of any force used must consider the perspective of a reasonable officer in a rapidly changing environment.

Prohibited Equipment and Techniques

Certain equipment, including flashbangs, rubber bullets, pepper balls, and tear gas, are prohibited unless personnel are trained and certified to use them and certain stringent conditions are met.

Mandatory Training and Reporting

Immigration enforcement personnel must undergo annual training on use of force policies, focusing on de-escalation tactics and legal compliance. The Secretary of Homeland Security is required to report to Congress every six months on the criteria used to assess public safety threats and national security threats, detailing instances of force used and any investigations related to excessive force.

Identification and Accountability

Personnel must wear identifiable uniforms that clearly indicate their agency, except in certain approved circumstances. The bill also mandates an affirmative duty for personnel to intervene against excessive force by their colleagues.

Camera Requirements

The bill establishes requirements for body cameras for immigration enforcement personnel and dashboard cameras for vehicles used during operations, with specific retention periods for the footage captured.

Investigation of Incidents

Investigations into excessive use of force by federal immigration enforcement personnel can be conducted by both federal and local authorities when death or serious injury occurs as a result of their actions.

Local Law Enforcement Notification

Federal immigration enforcement personnel are required to notify local law enforcement prior to conducting operations in their jurisdictions.

Duties of Supervisors

Supervisors are held accountable for ensuring personnel comply with training requirements and for improper use of restricted equipment.

Definitions of Threats

The bill defines public safety threats and national security threats as determined by the Secretary of Homeland Security, creating a framework for assessing individuals during enforcement activities.

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