Title VIII: Get ICE Off the Streets

A strategy to get ICE off of our streets (urban and suburban areas) immediately is the 8th title of the MAD Act. Read the fact-sheet about this bill title, read more about us vs. them, or read the full bill title below.

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TITLE VIII of The MAD Act

FEDERAL IMMIGRATION ENFORCEMENT AGENT SAFETY AND ACCOUNTABILITY TRAINING

SEC. 8001. SHORT TITLE; TABLE OF CONTENTS.

(a) SHORT TITLE.- This title may be cited as the “Get ICE Off the Streets Act”.

(b) TABLE OF CONTENTS.- The table of contents of this title is as follows:

Sec. 8001. Short Title; Table of Contents.

Sec. 8002. Findings.

Sec. 8003. Definitions and Rules of Construction.

Sec. 8004. Mandatory Training Requirements.

Sec. 8005. Prohibition on Deployment Without Certification.

Sec. 8006. Deployment Restrictions.

Sec. 8007. Independent Review of Serious Use-of-Force Incidents.

Sec. 8008. Certification, Oversight, and Accountability.

Sec. 8009. Enforcement and Penalties.

Sec. 8010. Authorization of Appropriations.

Sec. 8011. Effective Date and Transition.

Sec. 8012. Moratorium on Acquisition, Construction, and Expansion of Immigration Detention Facilities.

Sec. 8013. Severability.

SEC. 8002. FINDINGS.

Congress finds the following:

(1) On January 24, 2026, Alex Jeffrey Pretti- age 37, an intensive care nurse who had worked at the Minneapolis VA Health Care System for eleven years- was shot and killed by two U.S. Customs and Border Protection personnel during Operation Metro Surge in Minneapolis, Minnesota. Ten rounds were fired at Mr. Pretti in under five seconds; a physician witness reported at least three gunshot wounds to his back. He was not the subject of any enforcement action. The two personnel were a United States Border Patrol Agent and a CBP Officer, both falling under CBP’s operational command. (CBS News, January 28, 2026; ProPublica, February 2026; Wall Street Journal, January 26, 2026; NPR, January 27, 2026.)

(2) Bystander video verified by Reuters, the BBC, the Wall Street Journal, and the Associated Press shows that Mr. Pretti was directing traffic and assisting a bystander who had been knocked down by a federal agent when he was pepper-sprayed, tackled, and shot. Video analysis by the New York Times, Washington Post, and CNN established that Mr. Pretti was restrained on his knees when the first volley of shots was fired, and was shot again after collapsing to the ground. His legally registered firearm had already been removed from his person before any shot was fired. (Reuters, January 25, 2026; BBC, January 25, 2026; Wall Street Journal, January 26, 2026; Associated Press, January 25, 2026; CNN, January 29, 2026; New York Times visual investigation, January 2026.)

(3) Law enforcement experts who reviewed the footage for CNN concluded that the agents’ use of deadly force “likely stemmed from lack of training or a failure by the agents to follow it during the heated encounter.” (CNN, “How two federal agents escalated an encounter with Alex Pretti into a deadly shooting,” January 29, 2026.)

(4) A CBP preliminary internal assessment, reviewed by NPR, contained no mention of Mr. Pretti attacking officers or threatening them with a weapon. White House Deputy Chief of Staff Stephen Miller subsequently stated that officials are “evaluating why the CBP team may not have been following that protocol.” (NPR, January 27, 2026; CNN, February 2, 2026.)

(5) Mr. Pretti’s death was the second killing of a United States citizen by federal immigration agents in Minneapolis in three weeks. Operation Metro Surge produced at least three shootings in January 2026 alone.

(6) In August 2025, the Department of Homeland Security cut approximately 240 hours- more than 40 percent- from the ICE Enforcement and Removal Operations basic training program, reducing it from 584 hours over 72 training days to approximately 340 hours over 42 days. Eliminated content included more than 100 hours of hands-on instruction and practice scenarios, half of all firearms instruction- reduced from 56 to approximately 28 hours- and substantial constitutional law and due process coursework, including the elimination of all legal instruction on use of force. The graduation rate fell from approximately 80 percent to approximately 60 percent. (Washington Post, March 3, 2026; Internal ICE Training Syllabi Released by Senate Permanent Subcommittee on Investigations Democrats, February 23, 2026.)

(7) Between August 2025 and January 2026, ICE expanded from approximately 10,000 to 22,000 officers- an increase of 120 percent- while simultaneously reducing the training each new officer received. More than 900 recruits completed the compressed program before the Minneapolis deployments. (DHS Press Release, January 3, 2026; Washington Post, March 3, 2026.)

(8) To accommodate the ICE training surge, the Federal Law Enforcement Training Centers rescheduled or suspended most non-ICE training from September through December 2025, severely curtailing the training pipelines of the majority of its more than 100 federal partner agencies. (Internal FLETC Memorandum from Acting Director Paul Baker and Deputy Director Ariana Roddini, August 27, 2025, reported in Government Executive, August 28, 2025; FLETC Official Press Release, August 30, 2025; Government Executive, January 2026.)

(9) Under the revived 287(g) program, more than 8,500 state and local officers were trained for immigration enforcement through a 40-hour online course, replacing the four-week in-person Immigration Authority Delegation Program previously conducted at the Federal Law Enforcement Training Centers. The Department of Homeland Security required Task Force Model nominees to have at least two years of prior law enforcement experience but did not require the prior four-week residential program. (DHS Announcement, September 2, 2025; National Immigration Forum, “Explainer: Training Under the Revived 287(g) Task Force Model,” September 23, 2025; ICE 287(g) Task Force Model Memorandum of Agreement Template, 2025.)

(10) The Bureau of Justice Statistics’ 2022 Census of Law Enforcement Training Academies found the national average for basic police academy training is 806 hours, based on a survey of 602 state and local law enforcement academies. (Bureau of Justice Statistics, “State and Local Law Enforcement Training Academies and Recruits, 2022,” NCJ 309348, November 2024.) State mandatory minimum training requirements vary widely, with many requiring substantially less than the national academy average. The post-2025 ICE ERO curriculum of approximately 340 hours falls below both the national academy average and the minimum standards required by most states.

(11) Norway, Finland, and Germany require between 2.5 and 3 years of formal training before officers may be deployed; the United Kingdom requires between 2 and 3 years depending on entry pathway. Those and other European countries have killing rates roughly 15 to 100+ times lower than the United States, depending on the specific country and year, according to data sources.

(12) In 2015, the Police Executive Research Forum found that United States police recruits received a median of 8 hours of de-escalation training against a median of 58 hours of firearms instruction and 49 hours of defensive tactics. (PERF, “Re-Engineering Training on Police Use of Force,” August 2015, p. 11.) The Bureau of Justice Statistics’ 2022 Census found that de-escalation training had increased to an average of 22 hours, though firearms instruction averaged 73 hours and defensive tactics 64 hours- a persistent imbalance of more than three to one. (BJS, “State and Local Law Enforcement Training Academies’ Training Topics and Instructors, 2022,” NCJ 310041, June 2025.) Federal immigration training, even before the 2025 cuts, reflected a similar imbalance.

(13) A 2022 randomized controlled trial of 1,049 Louisville, Kentucky officers trained in the PERF ICAT de-escalation program found a 28 percent reduction in use-of-force incidents, a 26 percent reduction in civilian injuries, and a 36 percent reduction in officer injuries. The National Institute of Justice has rated the ICAT program as Effective. A separate RCT of more than 2,000 Chicago Police Department officers trained in the Situational Decision-Making (Sit-D) program found a 23 percent reduction in use-of-force incidents and a 23 percent reduction in discretionary arrests (Dube, MacArthur & Shah, “A Cognitive View of Policing,” Quarterly Journal of Economics, Vol. 140, No. 1, February 2025, pp. 745-791). Taken together, ICAT and Sit-D represent independent RCT evidence that structured decision-making and de-escalation training each produce significant and measurable reductions in use of force.

(14) The Louisville study further found that training effects decay without supervisory reinforcement. More than 40 percent of first-line supervisors self-reported rarely or never engaging in reinforcement of ICAT principles with officers in the field. Research indicates that training effects decay without ongoing reinforcement, and experts and leading law enforcement organizations widely recommend annual recertification to sustain outcomes. (National Institute of Justice, “What Works in De-Escalation Training,” 2022; Council on Criminal Justice, de-escalation policy recommendations, 2020.)

(15) In 2020, CBP tactical units were deployed to protests in Portland, Oregon without adequate training for urban civilian environments. A DHS Inspector General review of 63 officer training records found that only 7- fewer than 11 percent- had documented riot and crowd control training. (DHS OIG Report OIG-21-31, April 2021.) Former CBP Commissioner Gil Kerlikowske stated that deploying border agents to urban protest environments was “clearly the wrong group” for the mission, noting that border agents “are not trained” for urban civilian crowd management or de-escalation. (NPR, July 23, 2020.) No mandatory training standards for urban civilian environments were enacted following that episode.

(16) The 2025 training reductions and the rapid deployment of under-trained agents into urban civilian environments created foreseeable conditions that contributed to the deaths of Alex Jeffrey Pretti and Renee Nicole Good and to the serious injury of other civilians. Mandatory minimum training standards are necessary to prevent recurrence.

(17) An Associated Press review of criminal cases involving ICE employees and contractors found that some of the most serious crimes- including physical abuse, sexual abuse, and corruption- were committed by veteran employees and supervisors rather than recently hired agents, with at least two dozen charged and at least 17 convicted since 2020. This pattern demonstrates that misconduct is not limited to undertrained new hires and that the absence of ongoing accountability mechanisms and recertification requirements for long-tenured personnel poses an independent risk to the public. (Associated Press, February 11, 2026.)

SEC. 8003. DEFINITIONS AND RULES OF CONSTRUCTION.

(a) DEFINITIONS.- In this title:

(1) COVERED PERSONNEL.- The term “covered personnel” means any officer, agent, employee, or contractor of U.S. Immigration and Customs Enforcement, U.S. Customs and Border Protection, or any component of the Department of Homeland Security who is authorized to carry a firearm, make arrests, or use force in connection with any immigration enforcement function of the Department of Homeland Security. For purposes of this title, covered personnel includes both United States Border Patrol agents, whose primary operational domain is border and near-border terrain, and CBP Officers, whose primary operational domain is port-of-entry processing. The training and deployment requirements of this title apply to both categories. The Phase II Urban Operations and Crowd Management module of Sec. 8004(c)(1), and the border-to-urban transition content required thereunder, apply with particular force to Border Patrol agents who are temporarily assigned or surge-deployed to interior urban enforcement operations outside their primary operational domain.

(2) INTERIOR ENFORCEMENT OPERATION.- The term “interior enforcement operation” means any immigration enforcement operation conducted within the United States in an urban, suburban, or densely populated area, or any other immigration enforcement operation conducted within the interior of the United States in which covered personnel exercise arrest authority, use or threaten force, or engage in contact in which a person is not free to leave. The term does not include routine administrative functions such as records processing, detention facility administration, case management, or other functions that do not involve direct enforcement contact with members of the public outside a port-of-entry or border crossing context.

(3) TEMPORARY DUTY OR SURGE PERSONNEL.- The term “temporary duty or surge personnel” means covered personnel deployed to an interior enforcement operation in a geographic area, jurisdiction, or operational context outside their primary duty station or primary trained operational domain.

(4) BASIC CERTIFICATION.- The term “basic certification” means a certification issued by the Secretary of Homeland Security attesting that covered personnel have completed Phase I of the training program established under Sec. 8004, and are authorized to participate in non-urban enforcement operations under supervision. Basic certification does not authorize participation in any interior enforcement operation in an urban environment; such authorization requires a current Urban Deployment Authorization as provided in Sec. 8003(a)(5).

(5) URBAN DEPLOYMENT AUTHORIZATION.- The term “Urban Deployment Authorization” means a certification issued by the Secretary of Homeland Security attesting that covered personnel have completed the Phase II Urban and Civil Environment Training modules described in Sec. 8004(c), as those modules become available pursuant to Sec. 8011(e), and are authorized to participate in interior enforcement operations. An Urban Deployment Authorization is current only if the covered personnel holding it has completed a recertification within the preceding 90 days consisting of not less than 16 hours of instruction, of which not less than 8 hours shall be delivered through scenario-based practice under an evidence-based de-escalation program- meaning a program that has been evaluated through a randomized controlled trial or equivalent peer-reviewed study and rated as effective or promising by the National Institute of Justice’s CrimeSolutions program or a comparable independent body, of which the ICAT program defined in Sec. 8003(a)(7) is one qualifying example- and not less than 8 hours shall be urban use-of-force decision-making scenarios in civilian interior enforcement contexts. These 16 hours are a minimum requirement. Nothing in this subsection limits the authority of the Department of Homeland Security, any component agency, or any other federal authority to require additional recertification content or hours beyond this minimum. An Urban Deployment Authorization that has lapsed due to failure to complete timely recertification is automatically suspended without prior notice and may not be reinstated except upon completion of recertification. No covered personnel may participate in any interior enforcement operation during a period of suspension.

(6) FULL DEPLOYMENT CERTIFICATION.- The term “full deployment certification” means a certification issued by the Secretary of Homeland Security attesting that covered personnel have completed Phases I, II, and III of the training program established under Sec. 8004, including supervised field training, and are authorized to conduct independent interior enforcement operations.

(7) ICAT PROGRAM.- The term “ICAT program” means the Integrating Communications, Assessment, and Tactics de-escalation training program developed by the Police Executive Research Forum, or any substantially equivalent program that has been-

(A) evaluated through a randomized controlled trial or equivalent peer-reviewed study; and

(B) rated as effective or promising by the National Institute of Justice’s CrimeSolutions program or a comparable independent body.

(8) SERIOUS USE-OF-FORCE INCIDENT.- The term “serious use-of-force incident” means any use of force by covered personnel that results in the death of or serious bodily injury to any person, including but not limited to:

(A) any discharge of a firearm;

(B) the use of a chokehold, carotid restraint, or any other physical restraint technique that restricts the flow of blood or oxygen;

(D) the deployment of an electronic control weapon, including a conducted energy device;

(E) the use of a vehicle as an instrument of force, including a vehicle strike, ramming, or forced stop; and

(F) any other application of physical force, including prone restraint, that results in death or serious bodily injury.

(9) SERIOUS BODILY INJURY.- The term “serious bodily injury” means bodily injury that involves-

(A) a substantial risk of death;

(B) extreme physical pain;

(D) protracted loss or impairment of the function of a bodily member, organ, or mental faculty; or

(E) any injury requiring hospitalization for a period exceeding 24 hours.

Subparagraphs (A) through (D) are consistent with § 1365(h)(3) of title 18, United States Code; subparagraph (E) supplements that definition for purposes of this title.

(b) RULES OF CONSTRUCTION.- References to “covered personnel” in this title include both the singular and the plural.

SEC. 8004. MANDATORY TRAINING REQUIREMENTS.

(a) THREE-PHASE TRAINING PROGRAM.- The Secretary of Homeland Security, in coordination with the Director of the Federal Law Enforcement Training Centers, shall establish and administer a three-phase mandatory training program for all covered personnel. The minimum training hours required under this section reflect the findings set forth in Sec. 8002. The program shall satisfy the minimum hour and content requirements established in this section.

(b) PHASE I- FOUNDATIONAL TRAINING.- Phase I shall be conducted at FLETC or an accredited equivalent facility. All curricula required by this section are available for immediate delivery as of the date of enactment without new curriculum development. Phase I is grounded in the existing curriculum of the U.S. Customs and Border Protection Border Patrol Academy at Artesia, New Mexico, supplemented by the ICAT de-escalation program and Crisis Intervention Team program. The following modules are mandatory and represent the relevant foundational training available for immediate delivery without new curriculum development as of the date of enactment:

(1) FIREARMS- 133 hours.- Instruction shall cover safe handling, marksmanship, qualification standards, tactical shooting under stress, low-light engagement, use-of-force decision-making scenarios integrated with firearms deployment, and weapons maintenance. Instruction shall be delivered using existing Federal Law Enforcement Training Centers range facilities and shall follow the curriculum used by the U.S. Customs and Border Protection Border Patrol Academy.

(2) DEFENSIVE TACTICS AND PHYSICAL READINESS- 178 hours.- Instruction shall cover arrest techniques, subject control, intermediate force options including OC spray and collapsible baton, emergency medical response including individual first aid kit (IFAK) deployment, physical fitness standards, and operational conditioning. Instruction shall follow the curriculum used by the U.S. Customs and Border Protection Border Patrol Academy.

(3) APPLIED AUTHORITIES AND CONSTITUTIONAL LAW- 102 hours.- Instruction shall cover:

(A) United States government structure and law enforcement limitations (46 hours, following the U.S. Customs and Border Protection Border Patrol Academy “Applied Authorities” block), including Fourth Amendment search and seizure doctrine, Fifth Amendment due process, First Amendment rights of observers, journalists, and protesters, officer liability, and civil rights statutes applicable to federal law enforcement conduct; and

(B) immigration and nationality law applicable to interior enforcement operations (56 hours), including statutory authorities, enforcement jurisdiction, rights of persons regardless of immigration status, and the legal distinction between enforcement targets and uninvolved civilian bystanders.

(4) TACTICAL OPERATIONS AND RISK MANAGEMENT- 107 hours.- Instruction shall cover enforcement operations and tactics, risk assessment, threat recognition and non-threat indicator identification, active threat response, use-of-force decision-making integrated with operational scenarios, and post-incident procedures. Instruction shall follow the curriculum used by the U.S. Customs and Border Protection Border Patrol Academy tactical training block.

(5) USE-OF-FORCE LEGAL FOUNDATION- embedded throughout modules (1), (2), (3), and (4).- The following content shall be explicitly addressed in each relevant module: the objective reasonableness standard under Graham v. Connor, 490 U.S. 386 (1989); factual articulation requirements for use-of-force documentation; proportionality principles; and the constitutional and statutory limits on force in interior enforcement settings. The Secretary shall certify that this content is assessed in all scenario-based evaluations.

(6) DE-ESCALATION- not less than 16 hours.- Instruction shall be delivered using the ICAT program as defined in Sec. 8003(a)(7) or a substantially equivalent program. Instruction shall cover verbal communication techniques, tactical disengagement, crisis recognition, the Critical Decision-Making Model, and operational de-escalation tactics. A minimum of 50 percent of hours shall be delivered through scenario-based simulation. The DHS Center for Domestic Preparedness course PER-922 satisfies the curriculum requirement of this module. Congress finds that ICAT is rated “Effective” by the National Institute of Justice CrimeSolutions database and is supported by two peer-reviewed randomized controlled trials demonstrating statistically significant reductions in use-of-force incidents at dosages of 8 to 16 hours.

(7) CRISIS INTERVENTION TEAM- not less than 40 hours.- Instruction shall be delivered using the Memphis Model Crisis Intervention Team curriculum or a substantially equivalent curriculum, and shall cover recognition of behavioral health crises, de-escalation techniques for persons in psychiatric distress, legal and ethical obligations, and coordination with mental health responders and community crisis services. Congress finds that the CIT program is available for immediate delivery through existing provider networks in all 50 states and has been adopted by more than 2,700 law enforcement jurisdictions. The VA Police Officer Standardized Training program provides the precedent for federal law enforcement delivery.

(8) IDENTIFICATION, TRANSPARENCY, AND REPORTING- not less than 16 hours.- Instruction shall cover the requirement to identify as a federal agent during enforcement operations, use-of-force reporting obligations, documentation standards, whistleblower protections, and accountability mechanisms applicable to covered personnel. Instruction shall be assembled from existing Federal Law Enforcement Training Centers modules including officer liability, report writing, use-of-force reporting, and body-worn camera policy.

The total minimum hours for Phase I shall be not less than the sum of the minimum hours specified in modules (1) through (8). Congress finds that these eight modules constitute the relevant foundational training for interior enforcement personnel available for immediate delivery without new curriculum development as of the date of enactment. Nothing in this section shall be construed to limit the authority of the Secretary to require additional training hours beyond this minimum. A minimum of 40 percent of Phase I hours shall be delivered through scenario-based simulation. Verified interim training hours completed under Sec. 8011(c) using curricula that satisfy the applicable module standards shall count toward the corresponding module minimums, subject to the limitations established in Sec. 8011(c)(3).

(c) PHASE II- URBAN AND CIVIL ENVIRONMENT TRAINING.- Phase II shall be conducted through dedicated scenario training in simulated or operational urban environments. All Phase II curricula must be developed and do not exist as of the date of enactment. The following modules are mandatory:

(1) URBAN OPERATIONS AND CROWD MANAGEMENT- 120 hours.- This module shall be developed by the Federal Law Enforcement Training Centers in consultation with the Police Executive Research Forum and with reference to findings of the DHS Office of Inspector General Report OIG-21-31 (April 2021). Instruction shall cover the following four content blocks:

(A) BORDER-TO-URBAN TRANSITION- not less than 40 hours: The documented operational differences between border terrain and urban civilian environments; constitutional standards for stops, searches, and arrests in interior settings as distinguished from the border zone; civilian bystander protocols; use-of-force analysis in crowds and residential environments; and the Portland 2020 failure pattern as a case study in the consequences of deploying border-trained personnel in urban civilian settings without adequate preparation.

(B) URBAN ENFORCEMENT OPERATIONS- not less than 40 hours: Tactics for densely populated environments including apartment buildings, residential streets, public spaces, and mixed-use areas; warrant execution in urban settings; managing enforcement actions where civilians are present who are not subjects; and vehicle operations in urban environments.

(C) INTER-AGENCY COORDINATION AND COMMAND AND CONTROL- not less than 20 hours: Federal, state, and local jurisdiction delineation; de-confliction protocols; communication standards; and analysis of coordination failures documented in Operation Metro Surge, Minneapolis, January 2026.

(D) FIRST AMENDMENT AND PROTEST ENVIRONMENTS- not less than 20 hours: Recognition of protected activity; constitutional limits on identification demands, dispersal, and use of force when enforcement operations intersect with demonstrations; and scenario-based application in simulated protest environments.

Not less than 60 percent of Phase II module (1) instruction hours shall be delivered through scenario-based simulation with civilian role-players in realistic urban environments.

(2) TRAUMA-INFORMED ENFORCEMENT APPROACHES- not less than 60 hours.- This module shall be developed by the Substance Abuse and Mental Health Services Administration’s GAINS Center in partnership with at least one academic institution with demonstrated expertise in immigration enforcement contexts and trauma, and with input from licensed trauma clinicians and immigration legal services organizations. Instruction shall cover the following four content blocks:

(A) TRAUMA RECOGNITION AND BEHAVIORAL EFFECTS- not less than 15 hours: How trauma manifests in behavior during enforcement encounters; the difference between resistance and trauma response; and the specific trauma profiles of asylum seekers, trafficking survivors, persecution victims, and unaccompanied minors encountered in immigration enforcement operations.

(B) DE-ESCALATION FOR TRAUMATIZED INDIVIDUALS- not less than 20 hours: Techniques specific to trauma-affected populations that differ from standard de-escalation; trauma-sensitive communication; how to conduct enforcement without re-traumatizing; and the operational safety case for trauma-informed approaches. Scenarios shall be built around immigration enforcement encounters, not mental health crisis encounters.

(C) LEGAL OBLIGATIONS AND PROTECTION CLAIMS- not less than 15 hours: Operational decision-making when encountering individuals who may have colorable asylum or protection claims; trafficking victim identification and statutory obligations; unaccompanied minor protocols; and the legal distinction between removal authority and protection obligations.

(D) EVIDENTIARY INTEGRITY- not less than 10 hours: How trauma-informed encounters produce better evidence and more reliable identifications; the operational case for trauma-informed approaches; and documentation standards.

Not less than 50 percent of Phase II module (2) instruction hours shall be delivered through scenario-based simulation.

(3) PROCEDURAL JUSTICE FOR IMMIGRATION ENFORCEMENT- not less than 40 hours.- This module shall be developed by a university research team selected through a competitive grant process administered by the National Institute of Justice. The grantee shall have demonstrated expertise in procedural justice research and shall incorporate the findings of Weisburd et al. (Proceedings of the National Academy of Sciences, 2022) and Wood, Tyler, and Papachristos (Proceedings of the National Academy of Sciences, 2020). Instruction shall cover the following three content blocks:

(A) THE FOUR PILLARS IN IMMIGRATION ENFORCEMENT CONTEXTS- not less than 15 hours: Application of voice, neutrality, respect, and trustworthy motives to immigration enforcement encounters, addressing the specific challenges of language barriers, extreme power asymmetry, and encounters with individuals from countries where police are instruments of oppression. This block shall be built for the immigration enforcement context specifically, not adapted from municipal policing curricula.

(B) LEGITIMACY AND COMPLIANCE- not less than 15 hours: The empirical relationship between perceived procedural justice and voluntary compliance; why procedural justice matters more in asymmetric power encounters; and how individual encounters aggregate into community legitimacy or distrust that affects the safety of all subsequent operations in a jurisdiction.

(C) SCENARIO APPLICATION- not less than 10 hours: Scenario-based practice in realistic immigration enforcement encounters including warrant execution, workplace operations, and community encounters, with mixed-language scenarios and evaluation against observable behavioral criteria.

Not less than 50 percent of Phase II module (3) instruction hours shall be delivered through scenario-based simulation.

(4) CULTURAL COMPETENCY AND COMMUNITY ENGAGEMENT- not less than 55 hours.- This module shall be developed by an academic institution selected through a competitive grant process administered by the National Institute of Justice. The curriculum development process shall include mandatory substantive input from community organizations in cities where interior enforcement operations are most concentrated, including Minneapolis, Chicago, Los Angeles, Houston, and New York. Instruction shall cover the following three content blocks:

(A) COMMUNITY DEMOGRAPHICS AND CONTEXT- not less than 20 hours: The demographic composition of communities where interior enforcement is most commonly conducted, including language groups, national origin distributions, documentation status patterns, and mixed-status family structures; the history of federal immigration enforcement in those communities and how that history shapes civilian behavior during enforcement encounters; and jurisdiction-specific community profiles for the cities in which covered personnel are deployed.

(B) LANGUAGE AND COMMUNICATION- not less than 15 hours: Functional communication during enforcement encounters with individuals who speak limited or no English; working effectively with interpreters; recognizing when language barriers are creating dangerous misunderstandings; legal implications of language access in enforcement; and basic recognition of common languages encountered in interior enforcement operations. This block is a provisional minimum; the Secretary shall commission a study through the National Institute of Justice within 2 years of the date of enactment assessing whether deeper language instruction improves operational outcomes, and shall report findings to Congress with a recommended revision to this module.

(C) COMMUNITY TRUST AND ENGAGEMENT- not less than 20 hours: How community trust affects operational safety including tip reporting, witness cooperation, and identification assistance; the documented relationship between enforcement tactics and community withdrawal from law enforcement contact; and how individual agent behavior aggregates into community perception that determines the safety of subsequent operations in that jurisdiction.

Not less than 40 percent of Phase II module (4) instruction hours shall be delivered through scenario-based simulation.

The total minimum hours for Phase II shall be not less than 275 hours.

(5) CURRICULUM DEVELOPMENT ACCOUNTABILITY.-

(A) PROGRAM COORDINATOR.- Not later than 60 days after the date of enactment, the Secretary of Homeland Security shall designate a responsible official to serve as Phase II Curriculum Development Coordinator. The Coordinator shall be responsible for ensuring that all four Phase II modules are developed, validated, and certified within the timeline established in subparagraph (B), and shall report directly to the Secretary on the status of curriculum development not less than quarterly.

(B) DEVELOPMENT TIMELINE.- Phase II curricula shall be completed and certified as available by the Director of the Federal Law Enforcement Training Centers according to the following module-specific deadlines, which reflect the different development pathways required for each module:

(i) the Urban Operations and Crowd Management curriculum required by paragraph (1) shall be certified not later than 18 months after the date of enactment, because it is developed by FLETC in consultation with PERF using existing institutional capacity;

(ii) the Trauma-Informed Enforcement, Procedural Justice, and Cultural Competency and Community Engagement curricula required by paragraphs (2), (3), and (4) shall be certified not later than 24 months after the date of enactment, because they require competitive grant processes administered by the National Institute of Justice, which alone take 6 to 12 months before curriculum development can begin.

If any module curriculum is not certified as available by its applicable deadline, the Coordinator shall submit to the Committee on the Judiciary of the Senate and the Committee on the Judiciary of the House of Representatives, not later than 30 days after the missed deadline, a written explanation of:

(I) the specific obstacles preventing timely certification;

(II) what additional resources, authority, or personnel are needed to complete the curriculum; and

(III) a revised timeline for certification.

(C) FLETC CERTIFICATION STANDARDS.- The Director of the Federal Law Enforcement Training Centers shall certify the availability of each Phase II module curriculum only upon a finding that:

(i) the curriculum satisfies all content requirements specified in paragraphs (1) through (4) for that module, including minimum hours for each content block and minimum scenario-based delivery percentages;

(ii) sufficient certified instructors and facilities are available to begin delivery to covered personnel within 14 days of the Secretary’s publication notice for that module pursuant to Sec. 8011(b); and

(iii) the curriculum has been reviewed by at least one independent subject-matter expert with no financial relationship to the Department of Homeland Security.

(D) COMMUNITY INPUT DOCUMENTATION.- The academic institution or other grantee developing the cultural competency and community engagement curriculum required by paragraph (4) shall, as a condition of the grant, submit to the National Institute of Justice a written report documenting:

(i) the community organizations in cities where interior enforcement operations are conducted that were consulted during curriculum development;

(ii) the specific input received from those organizations; and

(iii) how that input was incorporated into the curriculum, or the reasons why specific recommendations were not adopted.

The National Institute of Justice shall transmit this documentation to the Committee on the Judiciary of the Senate and the Committee on the Judiciary of the House of Representatives upon receipt. This documentation requirement is not a prerequisite for FLETC certification and does not provide any organization with authority to delay or block curriculum certification.

(d) PHASE III- SUPERVISED FIELD TRAINING.- Phase III shall consist of supervised field training of not less than 680 hours, equivalent to 17 weeks of full-time service, under the direct supervision of a certified field training officer. The following requirements apply:

(1) Covered personnel shall not conduct any enforcement action independently during Phase III. All enforcement actions during Phase III shall be conducted under the direct supervision of the assigned field training officer.

(2) Field training officers shall-

(A) hold full deployment certification under this title;

(B) not have been the subject of any sustained use-of-force complaint or misconduct finding within the preceding three (3) years; and

(3) Upon successful completion of Phase III and favorable evaluation by the assigned field training officer, covered personnel shall be eligible to receive full deployment certification from the Secretary of Homeland Security.

(4) PRIOR EQUIVALENT FIELD TRAINING CREDIT.- Covered personnel employed on or before January 19, 2025 who can demonstrate, through verified agency records, completion of an equivalent field training program administered by U.S. Customs and Border Protection, U.S. Immigration and Customs Enforcement, or another federal law enforcement agency, are deemed to have satisfied the Phase III requirement for all purposes under this title, including for purposes of field training officer eligibility under paragraph (2)(A) and for purposes of eligibility to receive full deployment certification from the Secretary of Homeland Security under paragraph (3). The Secretary of Homeland Security shall establish procedures for verifying prior equivalent field training within 90 days of the date of enactment of this title. Verification shall require documented evidence of supervised field training under an experienced officer, structured evaluation, and successful completion, as reflected in official agency records. Credit under this paragraph does not exempt any covered personnel from the obligation to complete Phases I and II of the training program required by this section.

(e) ANNUAL RECERTIFICATION.- All active covered personnel shall complete not less than 40 hours of mandatory in-service recertification training annually, regardless of hire date or certification status. For all covered personnel, regardless of hire date, the first annual recertification obligation attaches on the first anniversary of the date on which that individual completed Phase I of the training program required by Sec. 8004(b) and received Basic Certification under Sec. 8003(a)(4). Annual recertification shall include-

(1) a mandatory de-escalation refresher module of not less than 8 hours, delivered using the ICAT program as defined in Sec. 8003(a)(7) or any other evidence-based de-escalation program meeting the criteria of Sec. 8003(a)(5). Congress intends the annual de-escalation refresher to accept the same program flexibility as the 90-day Urban Deployment Authorization recertification;

(2) updates reflecting changes in applicable law, policy, and use-of-force standards; and

(3) scenario-based exercises.

Covered personnel who hold full deployment certification and fail to complete annual recertification shall have their full deployment certification suspended by the Secretary of Homeland Security until completion is verified. Covered personnel who were employed on or before January 19, 2025 and who fail to complete annual recertification shall be suspended from field duties by the Secretary of Homeland Security until completion is verified. Completion of annual recertification for all covered personnel shall be recorded in the registry maintained under Sec. 8008(a)(3).

(f) PROHIBITION ON REDUCTION OF TRAINING REQUIREMENTS.- The Secretary of Homeland Security, the Director of Immigration and Customs Enforcement, the Commissioner of Customs and Border Protection, and any other official of the Executive Branch may not reduce the minimum training requirements established by this section below the hours and content standards specified herein, by rulemaking, internal policy guidance, operational order, budget action, or any other means, without prior authorization by an Act of Congress.

(g) TRAINING REQUIREMENTS ARE MINIMUMS; NO PREEMPTION.-

(1) MINIMUM REQUIREMENTS.- All training hour requirements, recertification requirements, and refresher requirements established by this title are minimum standards. Nothing in this title shall be construed to prohibit or limit the authority of the Secretary of Homeland Security, the Director of U.S. Immigration and Customs Enforcement, the Commissioner of U.S. Customs and Border Protection, the Director of the Federal Law Enforcement Training Centers, or any other federal authority to require covered personnel to complete training in excess of the minimums established herein, whether in total hours, content, frequency, or method of delivery.

(2) NO PREEMPTION.- This title does not preempt, supersede, limit, or otherwise affect:

(A) any training requirement imposed by the Department of Homeland Security, U.S. Immigration and Customs Enforcement, U.S. Customs and Border Protection, or any other federal agency by regulation, policy directive, or internal guidance;

(B) any training requirement arising from a collective bargaining agreement or memorandum of understanding applicable to covered personnel;

(D) any recommendation, guideline, or best practice issued by the Police Executive Research Forum, the International Association of Chiefs of Police, CIT International, or any other professional or accrediting body; or

(E) any other federal law or executive order imposing training obligations on covered personnel.

Where any requirement of this title conflicts with a more stringent requirement imposed by another source of authority, the more stringent requirement governs.

(3) FLOOR, NOT CEILING.- Congress finds that the training minimums established in this title reflect the floor below which the training of covered personnel may not fall without creating foreseeable risks of civilian harm, officer harm, and constitutional violations in interior enforcement operations. Congress does not find that compliance with these minimums constitutes adequate training in all circumstances, and encourages the Department of Homeland Security to develop and implement training programs that exceed these minimums as evidence, operational experience, and best practices develop.

(h) CREDIT TOWARD ANNUAL RECERTIFICATION.- The 90-day Urban Deployment Authorization recertification required by Sec. 8003(a)(5) and the annual recertification required by subsection (e) are independent obligations serving different purposes. The 90-day recertification maintains authorization to conduct interior enforcement operations in urban environments; the annual recertification is a professional development requirement applicable to all covered personnel regardless of UDA status. Hours completed in qualifying 90-day recertification cycles may be credited toward the annual 40-hour obligation, subject to the following conditions:

(A) only hours completed in the same 12-month recertification period in which the annual obligation falls are eligible for credit;

(B) the credited hours must satisfy the same content requirements for annual recertification as specified in paragraphs (1) through (3) of subsection (e); and

(C) no more than 16 hours completed in 90-day recertification cycles may be credited toward any single annual obligation, ensuring that at least 24 additional hours are completed through the annual program.

The Secretary of Homeland Security shall establish a tracking mechanism within the registry required by Sec. 8008(a)(3) to record the application of quarterly recertification credit toward annual obligations.

SEC. 8005. PROHIBITION ON DEPLOYMENT WITHOUT CERTIFICATION.

(a) GENERAL PROHIBITION.-

(1) URBAN DEPLOYMENT.- No covered personnel may participate in any interior enforcement operation unless that individual holds a current Urban Deployment Authorization as defined in Sec. 8003(a)(5). This prohibition applies to every interior enforcement operation as defined in Sec. 8003(a)(2), including, without limitation, every such operation conducted in an urban, suburban, or densely populated area or in a residential neighborhood. This prohibition is self-executing from the date of enactment and does not require implementing regulation, agency guidance, or the completion of any curriculum development process. The prohibition applies regardless of the individual’s hire date, length of service, seniority, duty station, assignment history, or prior law enforcement experience. For purposes of this subsection, a current Provisional Urban Deployment Authorization issued under Sec. 8005(c)(2) satisfies the Urban Deployment Authorization requirement, subject to the eligibility conditions of Sec. 8005(c)(2)(A). Nothing in this paragraph authorizes, or shall be construed to authorize, the participation of any covered personnel in any interior enforcement operation in the absence of a current Urban Deployment Authorization or a current Provisional Urban Deployment Authorization; no record of seniority, prior service, or operational necessity, and no absence of a current authorization, shall be treated as permitting such participation.

(2) INDEPENDENT FIELD OPERATIONS.- No covered personnel may conduct independent field enforcement operations- meaning enforcement actions conducted without a certified field training officer present- unless that individual additionally holds a Full Deployment Certification under Sec. 8003(a)(6).

(3) RELATIONSHIP BETWEEN AUTHORIZATIONS.- Completion of the requirements for Full Deployment Certification satisfies the requirements for Urban Deployment Authorization. The 90-day recertification requirement of Sec. 8003(a)(5) applies to all covered personnel holding either authorization, including those holding Full Deployment Certification.

(4) NEW HIRE DEPLOYMENT RESTRICTION.- Covered personnel hired on or after January 20, 2025 may not be deployed to any interior enforcement operation- whether urban or non-urban- until they have completed Phase I of the training program required by Sec. 8004(b) and received at minimum a Basic Certification under Sec. 8003(a)(4). Such personnel may not participate in any interior enforcement operation in an urban environment until they additionally hold a current Urban Deployment Authorization, which requires completion of Phase II as provided in Sec. 8003(a)(5) and Sec. 8011(e).

(b) NO WAIVER AUTHORITY.- Surge designations, emergency declarations, temporary duty assignments, operational directives, and national security designations shall not exempt any covered personnel from the requirements of this section. The Urban Deployment Authorization requirement of subsection (a) may not be waived, suspended, modified, or delayed by any official of the Executive Branch, by any agency head, or by any interagency coordination body, for any reason, including operational necessity, staffing shortfalls, or the pace of curriculum development under Sec. 8011. Any training requirement established by this title may be modified only by a subsequent Act of Congress.

(1) PHASE I AND PHASE II REQUIREMENTS.- Covered personnel who were employed by U.S. Immigration and Customs Enforcement, U.S. Customs and Border Protection, or any component of the Department of Homeland Security in a covered personnel capacity on or before January 19, 2025 shall complete the Phase I training requirements of Sec. 8004(b) before receiving an Urban Deployment Authorization, except as provided in paragraph (2) of this subsection. No such personnel may participate in any interior enforcement operation unless they hold a current Urban Deployment Authorization or Provisional Urban Deployment Authorization as defined in this section. For purposes of this subsection:

(A) PHASE I CREDIT FOR PRIOR TRAINING.- Covered personnel described in this paragraph are not required to repeat Phase I training for any module where they can demonstrate, through verified training records, completion of equivalent training that meets or exceeds the content and hour requirements of that module as specified in Sec. 8004(b). The Secretary of Homeland Security shall establish a prior training credit verification process within 90 days of the date of enactment of this title. Credit may be granted on a module-by-module basis. A covered personnel member who receives credit for some but not all Phase I modules must complete the remaining modules before receiving an Urban Deployment Authorization. No credit shall be granted for ICAT de-escalation training (module 6 of Sec. 8004(b)) or Crisis Intervention Team training (module 7 of Sec. 8004(b)) based on prior training, because no equivalent program has been delivered to ICE or CBP personnel prior to the date of enactment of this title.

(B) REASSIGNMENT PENDING PHASE I COMPLETION.- Covered personnel described in this paragraph who do not hold a current Urban Deployment Authorization or Provisional Urban Deployment Authorization as provided in paragraph (2) of this subsection shall be reassigned to non-urban enforcement duties within 15 days of the date of enactment of this title and may not be reassigned to interior enforcement operations until they have completed Phase I and obtained a current Urban Deployment Authorization or Provisional Urban Deployment Authorization.

(C) PHASE II REQUIRED FOR ALL.- No covered personnel described in this paragraph, including those who have completed Phase I or who hold a Provisional Urban Deployment Authorization under paragraph (2), may retain a current Urban Deployment Authorization after the applicable completion deadline for each Phase II module has passed without that covered personnel member completing that module. The completion deadlines are as follows, each running from the date on which the Secretary of Homeland Security publishes the program notice for that module pursuant to Sec. 8011(b):

(i) the Urban Operations and Crowd Management module required by Sec. 8004(c)(1)- 100 days;

(ii) the Trauma-Informed Enforcement Approaches module required by Sec. 8004(c)(2)- 55 days;

(iii) the Procedural Justice for Immigration Enforcement module required by Sec. 8004(c)(3)- 40 days; and

(iv) the Cultural Competency and Community Engagement module required by Sec. 8004(c)(4)- 40 days.

This requirement applies to all covered personnel regardless of seniority, length of service, assignment history, or prior law enforcement experience.

(D) ANNUAL PHASE I REFRESHER.- Covered personnel described in this paragraph whose completion of Phase I occurred more than 12 months before the date of issuance or renewal of an Urban Deployment Authorization or Full Deployment Certification shall complete a Phase I refresher before that authorization or certification is issued or renewed. The Phase I refresher shall consist of not less than 64 hours and shall include:

(i) ICAT de-escalation training as specified in Sec. 8004(b)(6), for a minimum of 16 hours;

(ii) Crisis Intervention Team training as specified in Sec. 8004(b)(7), for a minimum of 40 hours; and

(iii) a constitutional law and civil rights refresher covering Fourth and Fifth Amendment standards applicable to interior enforcement operations, for a minimum of 8 hours.

These three components are the same components required for a Provisional Urban Deployment Authorization under paragraph (2) of this subsection, and reflect the minimum training package Congress finds necessary to return covered personnel to urban enforcement operations following a period of more than 12 months without required training. The Secretary shall promulgate standards for Phase I refresher assessment and delivery within 90 days of the date of enactment of this title.

(E) 90-DAY RECERTIFICATION.- The 90-day recertification interval established in Sec. 8003(a)(5) applies to all covered personnel described in this paragraph without exception. Length of urban assignment, seniority, or clean use-of-force record does not modify the recertification interval. An agency that cannot demonstrate that a covered personnel member has completed recertification within the preceding 90 days may not assign that individual to any interior enforcement operation.

(F) RULE OF CONSTRUCTION.- Seniority and prior law enforcement experience shall not be construed as substituting for the specific Phase I training required by this title. No covered personnel member hired on or before January 19, 2025 is exempt from Phase I by reason of years of service, supervisory rank, commendations, or assignment history, except to the extent that verified prior training demonstrates completion of equivalent content as provided in subparagraph (A).

(2) PROVISIONAL URBAN DEPLOYMENT AUTHORIZATION FOR QUALIFYING LONG-TENURED URBAN PERSONNEL.-

(A) ELIGIBILITY.- Covered personnel described in paragraph (1) who meet all three of the following conditions are eligible for a Provisional Urban Deployment Authorization upon enactment of this title:

(i) the covered personnel has been continuously assigned to the same urban field office for not less than 3 years immediately preceding the date of enactment;

(ii) the covered personnel has no sustained use-of-force complaint, no use-of-force finding, and no use-of-force incident resulting in civilian injury or death recorded against them during that same 3-year period; and

(iii) the covered personnel completes, within 90 days of the date of enactment, the following three training components:

(I) the ICAT de-escalation program as defined in Sec. 8003(a)(7), for a minimum of 16 hours;

(II) a Crisis Intervention Team curriculum certified by the Substance Abuse and Mental Health Services Administration or an equivalent accredited body, for a minimum of 40 hours; and

(III) a constitutional law and civil rights refresher covering Fourth and Fifth Amendment standards applicable to interior enforcement operations, for a minimum of 8 hours.

The total minimum training requirement for provisional authorization under this paragraph is 64 hours.

(B) NATURE AND DURATION.- A Provisional Urban Deployment Authorization issued under this paragraph authorizes participation in interior enforcement operations on the same terms as a full Urban Deployment Authorization. It is provisional in the following respects only:

(i) it lapses automatically if the covered personnel member does not complete each Phase II module within the applicable completion deadline established in Sec. 8005(c)(1)(C), running from the date on which the Secretary of Homeland Security publishes the program notice for that module pursuant to Sec. 8011(b); and

(ii) it is subject to the same 90-day recertification requirement as a full Urban Deployment Authorization, beginning 90 days after the date the provisional authorization is issued.

Upon completion of all Phase II modules, the provisional authorization converts automatically to a full Urban Deployment Authorization. A lapsed provisional authorization is not renewable.

(C) BASIS FOR PROVISIONAL AUTHORIZATION.- Covered personnel who have been continuously assigned to the same urban field office for not less than 3 years and have maintained a clean use-of-force record during that period have demonstrated a baseline of urban enforcement competency through sustained operational experience. The 64-hour provisional training package addresses the three competency gaps most directly implicated in documented incidents of civilian harm: de-escalation decision-making (ICAT), mental health crisis recognition (CIT), and constitutional standards for interior enforcement. The provisional authorization recognizes that this combination of demonstrated performance record and immediate training completion constitutes a sufficient basis for continued urban deployment while the full Phase II curriculum is built and certified. Nothing in this subparagraph shall be construed to mean that 64 hours of training is equivalent to the full Phase II requirement.

(D) DISQUALIFICATION.- A covered personnel member’s Provisional Urban Deployment Authorization lapses automatically, without prior notice, upon:

(i) any use-of-force incident resulting in civilian injury or death;

(ii) transfer to a different duty station; or

(iii) failure to complete any required Phase II module within the applicable completion deadline established in Sec. 8005(c)(1)(C), running from the date on which the Secretary of Homeland Security publishes the program notice for that module pursuant to Sec. 8011(b).

A Provisional Urban Deployment Authorization that has lapsed under this paragraph is not renewable. A covered personnel member whose Provisional Urban Deployment Authorization has lapsed must be immediately removed from all interior enforcement operations and may not return to such operations until that individual has obtained a full Urban Deployment Authorization through completion of all Phase II modules as provided in Sec. 8003(a)(5).

(d) PRIOR LAW ENFORCEMENT EXPERIENCE.- Prior law enforcement experience shall not, standing alone, exempt any individual hired on or after January 20, 2025 from the requirement to complete full deployment certification under this title. No official of the Department of Homeland Security may exempt covered personnel from the training requirements established by this title based solely on prior law enforcement experience or the successful completion of an online examination.

(e) TRAINING CONDITIONS FOR SECTION 287(g) MEMORANDA OF AGREEMENT.-

(1) CONDITION ON EXECUTION AND RENEWAL.- No official of the Department of Homeland Security may execute or renew any Memorandum of Agreement under section 287(g) of the Immigration and Nationality Act (8 U.S.C. § 1357(g)) unless the Memorandum of Agreement expressly requires that each state or local law enforcement officer authorized to perform immigration enforcement functions thereunder has completed training that meets or exceeds, in content and hours, the Phase I training standards established in Sec. 8004(b) of this title. This condition applies to all new and renewed Memoranda of Agreement executed on or after the date of enactment of this title.

(2) VERIFICATION BEFORE DEPLOYMENT.- Before authorizing any state or local officer deputized under a section 287(g) Memorandum of Agreement to participate in any interior enforcement operation, the Secretary of Homeland Security shall verify, through documentation reviewed and certified by the Federal Law Enforcement Training Centers or the relevant state or local law enforcement training authority, that the officer has completed training satisfying the requirements of paragraph (1). An officer who has not been so verified may not participate in any interior enforcement operation, regardless of the status of the applicable Memorandum of Agreement.

(3) ANTI-COMMANDEERING CONSTRUCTION.- Nothing in this subsection shall be construed to require any state or local law enforcement agency to participate in any section 287(g) program, to impose any training obligation on any state or local officer who is not participating in a section 287(g) program, or to mandate that any state or local agency adopt any training standard for purposes other than participation in a section 287(g) program. The training conditions established in this subsection operate exclusively through the voluntary participation of state and local agencies in the federal section 287(g) program and do not constitute a direct mandate on state or local governments.

(4) EXISTING AGREEMENTS.- The Secretary of Homeland Security shall, within 180 days of the date of enactment of this title, review all currently active section 287(g) Memoranda of Agreement and determine which deputized officers have not completed training satisfying the Phase I standards required by this section. Officers identified as not meeting the training standard shall be suspended from participation in interior enforcement operations pending completion of required training or the expiration of the applicable Memorandum of Agreement, whichever occurs first. The Secretary of Homeland Security shall, within the same 180-day period, either amend each non-compliant Memorandum of Agreement to incorporate the training requirements of paragraph (1) or allow it to expire without renewal. No non-compliant Memorandum of Agreement may be renewed.

(5) NULLIFICATION OF AGREEMENTS WHERE OFFICERS HAVE NOT COMPLETED REQUIRED TRAINING.-

(A) IMMEDIATE INOPERABILITY.- Any section 287(g) Memorandum of Agreement currently in effect is hereby rendered inoperative with respect to each deputized state or local law enforcement officer who has not completed training satisfying the Phase I standards required by paragraph (1), effective upon the date of enactment of this title. A Memorandum of Agreement rendered inoperative under this paragraph does not authorize any non-compliant officer to exercise immigration enforcement authority, make arrests, carry a firearm in connection with immigration enforcement functions, or use force under section 287(g) of the Immigration and Nationality Act (8 U.S.C. § 1357(g)), and no federal official may direct, task, authorize, or ratify such exercise of authority by a non-compliant officer.

(B) AGREEMENT-WIDE NULLIFICATION.- Any Memorandum of Agreement under which no deputized officer has completed training satisfying the Phase I standards required by paragraph (1) is null and void in its entirety effective upon the date of enactment of this title. A null and void agreement confers no enforcement authority and may not be revived; the state or local agency and the Secretary of Homeland Security must execute a new Memorandum of Agreement satisfying the conditions of paragraph (1) before any officer of that agency may exercise immigration enforcement authority under section 287(g).

(C) RESTORATION OF AUTHORITY.- The inoperative status of a Memorandum of Agreement with respect to an individual non-compliant officer shall be lifted, and that officer’s immigration enforcement authority restored, only upon the Secretary’s written certification, issued after verification pursuant to paragraph (2), that the officer has completed training satisfying the requirements of paragraph (1). The Secretary shall issue or deny certification within 15 business days of receiving a complete verification request. No officer whose authority has lapsed under this paragraph may exercise any immigration enforcement function under section 287(g) pending issuance of written certification.

(D) RELATIONSHIP TO PARAGRAPH (4).- The nullification and inoperability provisions of this paragraph operate independently of the 180-day review process established in paragraph (4). The suspension of individual officers required by paragraph (4) and the nullification of agreements required by this paragraph are cumulative and not in the alternative; compliance with paragraph (4) does not satisfy or defer the obligations imposed by this paragraph.

(E) ANTI-COMMANDEERING SAVINGS CLAUSE.- Nothing in this paragraph shall be construed to impose any obligation on a state or local law enforcement agency that has not voluntarily entered into a section 287(g) Memorandum of Agreement, to require any state or local agency to continue participating in the section 287(g) program, or to prohibit a state or local agency from withdrawing from the section 287(g) program at any time.

(6) SAVINGS CLAUSE FOR PRE-ENACTMENT ACTIONS.-

(A) No arrest, detention, removal, or other enforcement action taken by a state or local law enforcement officer under a section 287(g) Memorandum of Agreement prior to the date of enactment of this title shall be rendered invalid solely by reason of the nullification or inoperability of that agreement under this subsection.

(B) Nothing in this paragraph shall be construed to preclude any legal challenge to a pre-enactment enforcement action on any other ground, including challenges based on violations of constitutional rights, statutory authority, or applicable regulations in effect at the time the action was taken.

(C) This savings clause preserves the procedural validity of pre-enactment actions for purposes of legal certainty and does not constitute a congressional finding that the training standards applicable to officers operating under section 287(g) Memoranda of Agreement prior to the date of enactment were adequate or that enforcement actions taken by inadequately trained officers were conducted safely or appropriately.

SEC. 8006. DEPLOYMENT RESTRICTIONS.

(a) URBAN AND CIVILIAN-CONTACT ENVIRONMENTS.- Covered personnel assigned to any interior enforcement operation in an urban or densely populated environment shall complete not less than 16 hours of deployment-specific briefing, covering the geographic, demographic, and operational characteristics of the target deployment environment, within 30 days prior to the start of the deployment.

(b) TEMPORARY DUTY AND SURGE DEPLOYMENTS.-

(1) Temporary duty or surge personnel, as defined in Sec. 8003(a)(3), shall meet all training and certification requirements applicable to permanently stationed covered personnel in the jurisdiction of the interior enforcement operation to which they are deployed.

(2) Any deployment of 10 or more temporary duty or surge personnel to a single metropolitan area shall require a written notification submitted to the Committee on the Judiciary of the Senate and the Committee on the Judiciary of the House of Representatives not later than 24 hours before the commencement of the deployment. The notification shall include-

(A) the full deployment certification status of each covered personnel deployed;

(B) the rules of engagement applicable to the deployment;

(D) the identification and transparency procedures for all deployed personnel.

(1) All covered personnel conducting any enforcement action shall display visible law enforcement identification at all times during the action, including when wearing tactical attire or plain clothes. Covered personnel may not obscure, remove, or conceal badge numbers, agency affiliation, or identifying insignia during any contact with a member of the public.

(2) All covered personnel shall carry and, upon request, present a government-issued identification card stating their badge number and employing agency. A badge number shall be sufficient to identify the individual covered personnel member in the registry maintained under Sec. 8008(a)(3) and in any use-of-force report, complaint, or investigation. Covered personnel are not required to disclose their legal name to any member of the public during an enforcement action.

(d) MANDATORY BODY-WORN CAMERAS.-

(1) REQUIREMENT.- All covered personnel conducting any interior enforcement operation shall wear and activate a functioning body-worn camera throughout the duration of any enforcement action, including at all times during which the covered personnel are in contact with any member of the public. Camera activation shall not be discretionary. Covered personnel shall not disable, obstruct, or delete any body-worn camera recording during or following an enforcement action.

(2) PRESERVATION AND DISCLOSURE.- Body-worn camera recordings involving any use-of-force incident shall be preserved for not less than 5 years and shall be made available within 48 hours of request to any State or local law enforcement agency, or the Department of Justice, investigating the incident. Recordings shall not be withheld, modified, or selectively disclosed by any official of the Executive Branch. Failure to preserve or produce a recording required by this paragraph shall create a rebuttable presumption, in any civil or criminal proceeding, that the recording would have been adverse to the employing agency’s account of the incident.

(e) PROHIBITION ON FIELD-LEVEL OPERATIONAL COLLECTION TARGETING FIRST AMENDMENT-PROTECTED ACTIVITY.-

(1) FIELD-LEVEL COLLECTION PROHIBITION.- No covered personnel and no official of the Department of Homeland Security may, in the course of or in connection with any interior enforcement operation, collect, record, maintain, or share personal information- including names, photographs, license plate numbers, hotel or residential locations, employer information, or identifying insignia- about any individual through field observation, field documentation, inter-agency memoranda, or any other operational mechanism, solely on the basis of that individual’s participation in protest, demonstration, counter-surveillance, or other activity protected by the First Amendment to the Constitution of the United States. This subsection specifically prohibits the circulation of field memoranda or operational orders directing covered personnel to gather identifying information on observers, protesters, or bystanders as a class. Nothing in this subsection limits the prohibitions on the purchase or licensing of commercial surveillance data applicable to DHS under section 1062 of this Act; this subsection addresses field-level collection by covered personnel that such section does not reach.

(2) PROHIBITION ON THREAT DESIGNATIONS.- No covered personnel may designate any individual as a “domestic terrorist,” “agitator,” “insurrectionist,” or any similar threat category based solely on that individual’s participation in protected First Amendment activity, including observation or recording of law enforcement officers performing their duties in public.

(3) ENFORCEMENT.- Any violation of this subsection shall be subject to the penalties established in Sec. 8009. Nothing in this subsection shall be construed to limit the authority of covered personnel to collect information about any individual who has been individually identified, based on particularized and articulable facts, as a suspect in a criminal offense unrelated to the exercise of First Amendment rights.

SEC. 8007. INDEPENDENT REVIEW OF SERIOUS USE-OF-FORCE INCIDENTS.

(a) MANDATORY REFERRAL TO DEPARTMENT OF JUSTICE.- Any serious use-of-force incident, as defined in Sec. 8003(a)(8), involving covered personnel shall be referred within 24 hours of the incident to the Civil Rights Division of the Department of Justice for independent review. The referral shall include all available body-worn camera footage, weapon forensics, training records of involved personnel, and a preliminary incident report prepared by the relevant agency.

(b) INDEPENDENT INVESTIGATION STANDARDS.-

(1) The Civil Rights Division shall conduct an independent investigation of each referred incident and shall determine, not later than 180 days after referral, whether the use of force was lawful under applicable constitutional standards, whether the involved personnel held the certifications required by this title at the time of the incident, and whether any criminal referral is warranted.

(2) ESCALATION UPON FAILURE TO DETERMINE.- If the Civil Rights Division fails to issue a determination within 180 days of referral as required by paragraph (1), the following shall apply automatically and without any further action by the Secretary of Homeland Security, the referring agency, or any other official:

(A) The matter shall transfer to the Inspector General of the Department of Justice for independent review. The Inspector General shall have full access to all materials previously submitted to the Civil Rights Division under Sec. 8007(a), and the Civil Rights Division shall transmit the complete investigative record to the Inspector General within 5 business days of the transfer date.

(B) The Inspector General shall complete an independent review and issue a determination on the same three questions required of the Civil Rights Division under paragraph (1)- lawfulness of force, certification status of involved personnel, and whether criminal referral is warranted- not later than 90 days after the transfer date.

(C) A determination issued by the Inspector General under this paragraph shall carry the same legal effect for all purposes under this title as a determination issued by the Civil Rights Division under paragraph (1).

(D) Transfer of a matter to the Inspector General under this paragraph does not divest the Civil Rights Division of jurisdiction; the Civil Rights Division may continue its investigation and issue a determination at any time. If both the Civil Rights Division and the Inspector General issue determinations, both shall be transmitted to the Committee on the Judiciary of the Senate and the Committee on the Judiciary of the House of Representatives, and any conflict between them shall be noted in the annual report required by Sec. 8008(d).

(E) Involved covered personnel shall remain suspended from all interior enforcement operations from the date of the incident referral under Sec. 8007(a) until a final determination is issued under paragraph (1) or this paragraph, whichever occurs first.

(c) PROHIBITION ON INTERFERENCE.- No official of the Executive Branch may direct, instruct, incentivize, or otherwise cause any covered personnel to refuse to cooperate with, withhold evidence from, or interfere with any State or local law enforcement investigation of a serious use-of-force incident or any other use-of-force incident involving covered personnel. Any such interference shall be subject to the penalties established in Sec. 8009.

(d) PROHIBITION ON OBSTRUCTION OF EMERGENCY MEDICAL CARE.- Following any use-of-force incident resulting in injury, covered personnel shall immediately summon emergency medical services and shall not prevent, delay, or obstruct the provision of medical care to any injured person, regardless of that person’s immigration status, citizenship status, or role in the enforcement operation. Any willful violation of this subsection shall be subject to the penalties established in Sec. 8009(b), including referral to the Department of Justice for appropriate civil or criminal action.

SEC. 8008. CERTIFICATION, OVERSIGHT, AND ACCOUNTABILITY.

(a) SECRETARY OF HOMELAND SECURITY- CERTIFICATION AND REGISTRY.- The Secretary of Homeland Security shall-

(1) establish uniform certification criteria and examination standards for each phase of training described in Sec. 8004;

(2) issue basic certification and full deployment certification to covered personnel who have completed the applicable training requirements;

(3) maintain a restricted-access registry, updated not less than monthly, of all covered personnel, including their certification status, phase completion dates, interim training hours completed under Sec. 8011(c), and any outstanding training deficiencies. The registry shall not be publicly accessible. Access to registry records shall be limited to:

(A) the Committee on the Judiciary of the Senate and the Committee on the Judiciary of the House of Representatives;

(B) the Department of Justice in connection with any investigation;

(D) any State or local law enforcement agency investigating a use-of-force incident involving the specific covered personnel member whose records are requested.

Aggregate, anonymized compliance statistics derived from registry data shall be included in the annual report to Congress required by Sec. 8008(d) and may be made publicly available through that report.

(b) DHS INSPECTOR GENERAL.- The Inspector General of the Department of Homeland Security shall-

(1) establish independent audit standards for verifying the training certification program administered by the Secretary under subsection (a);

(2) conduct independent audits of all training programs operated under this title at FLETC and all agency training facilities not less than once per year and report findings to Congress;

(3) independently verify training completion records upon request in connection with any use-of-force investigation or congressional inquiry; and

(4) investigate and report to Congress any instance in which covered personnel are deployed in violation of the requirements of this title, including any instance in which the Secretary issues certification without verification of completed training.

(c) SUPERVISOR LIABILITY.- Any supervisor who knowingly or recklessly authorizes the deployment of covered personnel who has not received the certification or authorization required by this title shall be subject to-

(1) removal from any supervisory position; and

(2) in the case of willful or knowing violation, referral to the Department of Justice for appropriate civil or criminal action under applicable law. A reckless violation under this subsection subjects the supervisor to the consequences in paragraph (1); referral under paragraph (2) requires a willful or knowing violation.

(d) ANNUAL REPORT TO CONGRESS.- Not later than 180 days after the date of enactment of this title, and annually thereafter, the Secretary of Homeland Security shall submit to the Committee on the Judiciary of the Senate and the Committee on the Judiciary of the House of Representatives a report that includes-

(1) the training and certification status of all covered personnel hired on or after January 20, 2025, including interim training hours completed under Sec. 8011(c), disaggregated by agency, duty station, deployment type, and hire date;

(2) all use-of-force incidents involving covered personnel, including the certification status of involved personnel at the time of each incident;

(3) any instance in which covered personnel hired on or after January 20, 2025 were deployed prior to completing required training, any justification claimed and the grounds for its rejection, and any disciplinary action taken;

(4) the annual recertification completion status of all active covered personnel, including those employed on or before January 19, 2025;

(5) the Inspector General’s assessment of compliance with the requirements of this title; and

(6) the number of serious use-of-force incidents referred to the Department of Justice Civil Rights Division and the status of each investigation.

(e) PRESERVATION AND DISCLOSURE OF TRAINING RECORDS.- Training records for all covered personnel shall be preserved for not less than 10 years following an individual’s separation from service and shall be made available, within 5 business days of request, to-

(1) the Committee on the Judiciary of the Senate or the Committee on the Judiciary of the House of Representatives;

(2) the Department of Justice in connection with any investigation; and

(3) any State or local law enforcement agency investigating a use-of-force incident involving covered personnel.

(f) ADMINISTRATIVE REVIEW OF AUTOMATIC SUSPENSIONS.-

(1) RIGHT TO REVIEW.- Upon any automatic suspension or lapse of an Urban Deployment Authorization, Provisional Urban Deployment Authorization, or Full Deployment Certification under this title, the Secretary of Homeland Security shall issue written notice to the affected covered personnel member within 5 business days of the suspension or lapse taking effect. The notice shall state the specific ground for the suspension or lapse, the date it took effect, and the process for requesting administrative review under this subsection. Any covered personnel member who receives such notice may, within 15 days of the date of the notice, submit a written request for administrative review to the Secretary of Homeland Security. Submission of a request for review does not stay the suspension or lapse; the covered personnel member remains removed from all interior enforcement operations pending resolution.

(2) GROUNDS FOR REVIEW.- Administrative review under this subsection is available only on the ground that the suspension or lapse resulted from a verified error in training records, certification records, or assignment records maintained under Sec. 8008(a)(3). The review process may not be used to challenge the substantive training or recertification requirements established by this title, or the merits of any use-of-force finding or misconduct determination.

(3) REVIEW OFFICER.- The Secretary of Homeland Security shall designate one or more Review Officers to carry out the functions of this subsection. Each Review Officer shall be:

(A) a career civil servant serving in a position that is not subject to noncompetitive appointment, Schedule C designation, or any other political appointment authority; and

(B) assigned to an office within the Department of Homeland Security that is outside the chain of command of the field office or component from which the covered personnel member’s deployment was authorized.

The Secretary shall make the identity and contact information of the designated Review Officer or Officers available to all covered personnel through the Department of Homeland Security. Upon receipt of a review request, the Review Officer shall notify both the covered personnel member and the relevant agency within 2 business days and shall direct each party to submit all relevant records within 7 business days of that notification. The Review Officer shall complete review within 10 business days of the close of the record submission period, based on the record available at that time regardless of whether all requested records have been submitted. If the Review Officer finds that the suspension or lapse resulted from a documented recordkeeping error, the suspension shall be lifted or the lapse rescinded retroactively to the date it was imposed, the covered personnel member’s record shall be corrected in the registry maintained under Sec. 8008(a)(3), and the covered personnel member shall be restored to active authorization status without further delay or condition. If no recordkeeping error is found, the suspension or lapse stands and may be resolved only by completion of the required training or recertification as otherwise specified in this title.

(4) REGISTRY CORRECTION AND IG NOTICE.- Upon confirmation of a recordkeeping error, the Secretary shall update the registry maintained under Sec. 8008(a)(3) within 5 business days of the Review Officer’s determination and shall notify the Inspector General of the Department of Homeland Security of the nature, source, and scope of the error within 10 business days. The Inspector General shall include any confirmed systemic errors in the annual audit report required by Sec. 8008(b)(2).

SEC. 8009. ENFORCEMENT AND PENALTIES.

(a) DEPLOYMENT IN VIOLATION OF THIS ACT.- Upon becoming aware that covered personnel have been deployed in an interior enforcement operation without the certification or authorization required by this title, the Secretary of Homeland Security shall suspend that individual from all field duties within 24 hours and shall require completion of the applicable training before return to field duty. The Inspector General of the Department of Homeland Security shall be notified of each such suspension within 48 hours. The Secretary shall conduct monthly reconciliations of deployment records against the registry maintained under Sec. 8008(a)(3) to identify any covered personnel deployed without required certification.

(b) WILLFUL VIOLATIONS BY OFFICIALS.- Any official who willfully authorizes the deployment of any covered personnel who has not received the certification or authorization required by this title, or who willfully obstructs any independent investigation required by Sec. 8007, shall be subject to removal from Federal service and may be subject to civil liability. Nothing in this title shall be construed to limit the availability of any other remedy, civil or criminal, under applicable law.

(1) INDIVIDUAL CONTRACTORS.- Any covered personnel who is a contractor and who participates in an interior enforcement operation without holding the certification or authorization required by this title shall be immediately removed from the assignment by the contracting agency. The Secretary of Homeland Security shall notify the relevant contracting officer within 24 hours and shall initiate proceedings to debar the individual from participation in any Department of Homeland Security contract, grant, or cooperative agreement for a period of not less than 3 years, pursuant to 48 C.F.R. pt. 9, subpt. 9.4.

(2) CONTRACTING ENTITIES.- Any contractor or subcontractor whose personnel participate in interior enforcement operations in violation of this title shall be subject to contract termination for cause. The Secretary of Homeland Security shall refer the contracting entity to the General Services Administration for debarment proceedings and shall report any such referral to Congress in the annual report required by Sec. 8008(d). The Secretary shall include in that report the name of the contracting entity, the nature of the violation, and the status of debarment proceedings.

(d) FALSE CERTIFICATION OF TRAINING EQUIVALENCY.- Any official of the Department of Homeland Security who knowingly certifies, or causes to be certified, that prior training completed by covered personnel satisfies the content or hour requirements of any Phase I module under Sec. 8004(b) when that training does not in fact meet those requirements shall be subject to the following:

(1) referral to the Inspector General of the Department of Homeland Security within 30 days of discovery of the false certification, for independent investigation and report to Congress;

(2) referral to the Department of Justice for potential prosecution under 18 U.S.C. § 1001 (false statements to the federal government); and

(3) removal from federal service.

The Inspector General of the Department of Homeland Security shall conduct an independent audit of all prior training credit certifications issued under Sec. 8005(c)(1)(A) not less than annually and shall report findings, including the number of certifications reviewed, the number found not to meet applicable standards, and any referrals made, to the Committee on the Judiciary of the Senate and the Committee on the Judiciary of the House of Representatives. A false certification under this subsection that results in the deployment of covered personnel to an interior enforcement operation for which they are not qualified shall additionally constitute a willful violation subject to the penalties established in subsection (b) of this section.

(e) FALSE CERTIFICATION OF PHASE I COMPLETION.-

(1) PROHIBITION.- Any official of the Department of Homeland Security who knowingly certifies, or causes to be certified, that covered personnel have completed any module or the full program of Phase I training required by Sec. 8004(b) when that training has not in fact been completed shall be subject to the following:

(A) referral to the Inspector General of the Department of Homeland Security within 30 days of discovery, for independent investigation and report to Congress;

(B) referral to the Department of Justice for potential prosecution under 18 U.S.C. § 1001 (false statements to the federal government); and

(2) INDEPENDENT AUDIT.- The Inspector General of the Department of Homeland Security shall conduct an independent audit of all Phase I completion certifications issued under Sec. 8008(a)(2) not less than annually, and shall report findings- including the number of certifications reviewed, the number found not to reflect actual completion of required training, and any referrals made- to the Committee on the Judiciary of the Senate and the Committee on the Judiciary of the House of Representatives.

(3) AGGRAVATED VIOLATION.- A false certification under this subsection that results in the deployment of covered personnel to an interior enforcement operation for which they are not qualified shall additionally constitute a willful violation subject to the penalties established in subsection (b) of this section. Where a false certification under this subsection also constitutes a false certification of training equivalency under subsection (d), both subsections apply cumulatively and not in the alternative.

(4) REGISTRY INTEGRITY.- Upon discovery of any false certification under this subsection, the Secretary of Homeland Security shall immediately correct the affected records in the registry maintained under Sec. 8008(a)(3), suspend the improperly certified covered personnel from all interior enforcement operations pending completion of actual required training, and notify the Inspector General and the relevant congressional committees within 5 business days.

(f) PRIVATE RIGHT OF ACTION.-

(1) CAUSE OF ACTION.- Any person who suffers death or bodily injury as a result of a use of force by covered personnel who, at the time of the incident, did not hold the certification or authorization required by this title for the type of operation in which the force was used, may bring a civil action against the United States in a district court of the United States for compensatory damages. In the case of death, the action may be brought by the personal representative of the decedent’s estate on behalf of the decedent’s survivors.

(2) STANDARD OF LIABILITY.- A plaintiff need not prove that the absence of required certification or authorization was the proximate cause of the specific injury. It is sufficient that:

(A) the covered personnel who used force did not hold the certification or authorization required by this title at the time of the use of force; and

(B) the use of force resulted in death or bodily injury.

The absence of required certification or authorization establishes that the deployment itself violated this title; the causal connection between the unlawful deployment and the resulting harm is presumed. Congress finds, on the basis of the evidence set forth in Sec. 8002, that deploying covered personnel who lack the certification or authorization required by this title materially increases the risk of the death and bodily injury that this subsection addresses, and that the required training and certification are directed at the prevention of exactly such harms. The presumption established by this paragraph reflects that legislative judgment and the difficulty, in any individual case, of reconstructing how a properly trained and certified officer would have acted; it does not relieve a plaintiff of the obligation to establish an actual use of force resulting in death or bodily injury under subparagraph (B).

(3) WAIVER OF SOVEREIGN IMMUNITY.- The United States waives sovereign immunity for purposes of actions brought under this subsection. No individual covered personnel member shall be personally liable under this subsection; liability attaches to the United States as the employing sovereign.

(4) ATTORNEY’S FEES.- A court shall award reasonable attorney’s fees and litigation costs to a prevailing plaintiff in an action brought under this subsection.

(5) STATUTE OF LIMITATIONS.- An action under this subsection must be commenced not later than 3 years after the date on which the cause of action accrues, or not later than 3 years after the date on which the plaintiff knew or reasonably should have known that the covered personnel involved did not hold the required certification or authorization, whichever is later.

(6) RELATIONSHIP TO OTHER REMEDIES.- The cause of action established by this subsection is in addition to, and does not limit or supplant, any other remedy available under federal or state law, including actions under 42 U.S.C. § 1983, Bivens v. Six Unknown Named Agents, 403 U.S. 388 (1971), or the Federal Tort Claims Act (28 U.S.C. §§ 1346(b), 2671-2680).

(7) SEVERABILITY WITHIN THIS SUBSECTION.- The provisions of this subsection are separable. If the presumption of causation established in paragraph (2), or the standard of liability set forth in paragraph (2), is held invalid or unconstitutional by a court of competent jurisdiction, that holding shall not affect the validity of the cause of action established in paragraph (1) or any other provision of this subsection. In that event, the cause of action established in paragraph (1) shall remain in force and shall be adjudicated under ordinary principles of causation, with the plaintiff required to prove that the absence of the required certification or authorization was a proximate cause of the death or bodily injury, and the remaining provisions of this subsection, including the waiver of sovereign immunity in paragraph (3), the attorney’s fees provision in paragraph (4), and the statute of limitations in paragraph (5), shall continue to apply. Congress declares that it would have enacted the cause of action established in paragraph (1) independently of the presumption established in paragraph (2).

SEC. 8010. AUTHORIZATION OF APPROPRIATIONS.

(a) IN GENERAL.- There is authorized to be appropriated $15,000,000, available beginning on the date of enactment and until expended, for the sole purpose of developing the Phase II Urban and Civil Environment Training curricula required by Sec. 8004(c) of this title. Congress intends that appropriated funds be made available at the start of the first full fiscal year following the date of enactment, or as part of a supplemental appropriation, whichever occurs first, in order to avoid a gap between the mandatory curriculum development timeline established in Sec. 8004(c)(5)(B) and the availability of funds to support it. Phase I training required by Sec. 8004(b) consists entirely of programs available for delivery as of the date of enactment and requires no appropriation under this section.

(b) PERMITTED USES.- Funds authorized under this section may be used only for-

(1) grants to the Federal Law Enforcement Training Centers, in consultation with the Police Executive Research Forum, for development of the urban operations and crowd management curriculum required by Sec. 8004(c)(1);

(2) grants to the Substance Abuse and Mental Health Services Administration’s GAINS Center, in partnership with academic institutions with expertise in immigration enforcement and trauma, for development of the trauma-informed enforcement curriculum required by Sec. 8004(c)(2);

(3) competitive grants administered by the National Institute of Justice to university research teams with demonstrated procedural justice expertise, for development of the procedural justice curriculum required by Sec. 8004(c)(3);

(4) competitive grants administered by the National Institute of Justice to academic institutions, with mandatory community partner involvement as required by Sec. 8004(c)(4), for development of the cultural competency and community engagement curriculum required by Sec. 8004(c)(4); and

(5) curriculum review and validation costs incurred by the Federal Law Enforcement Training Centers in certifying that developed Phase II curricula meet the content and hour requirements of Sec. 8004(c).

(1) construction, renovation, or expansion of any Federal Law Enforcement Training Center facility;

(2) any Phase I training delivery or curriculum costs, which shall be funded entirely from existing Department of Homeland Security appropriations;

(3) any operational costs of delivering training to covered personnel; or

(4) personnel costs of the Department of Homeland Security, U.S. Immigration and Customs Enforcement, or U.S. Customs and Border Protection.

(d) DELIVERY COSTS.- The Secretary of Homeland Security shall fund all costs of delivering all training required by this title, including all Phase I and Phase II training, from existing Department of Homeland Security appropriations. No appropriation beyond the $15,000,000 authorized in subsection (a) is authorized or required under this title.

SEC. 8011. EFFECTIVE DATE AND TRANSITION.

(a) GENERAL EFFECTIVE DATE.- This title shall take effect on the date of enactment.

(b) PUBLICATION OF FULL TRAINING PROGRAM.- The Secretary of Homeland Security shall publish a training and certification program notice for each module within 21 days of the date on which the Director of the Federal Law Enforcement Training Centers certifies that module’s curriculum as available under Sec. 8011(e). A separate publication obligation arises for each module upon its certification and runs independently of the obligations triggered by other modules; the Secretary is not required to await certification of all modules before publishing notices for individually certified modules. The completion deadlines established in Sec. 8005(c)(1)(C) run from the date of the Secretary’s publication notice for each module, not from the date of FLETC certification, so that personnel have their full statutory window after the program is published and delivery has commenced. The self-executing prohibition on interior enforcement operations without a current Urban Deployment Authorization, established in Sec. 8005(a)(1) and detailed in Sec. 8011(e)(1), does not await publication and is enforceable from the date of enactment.

(c) INTERIM TRAINING PERIOD.- During the period beginning 15 days after the date of enactment and ending on the date on which the full training program is published under subsection (b), the Secretary of Homeland Security shall require covered personnel hired on or after January 20, 2025 who have been removed from unsupervised field duty under Sec. 8005(a)(4) to begin training under the following interim requirements:

(1) AUTHORIZED INTERIM PROGRAMS.- Interim training shall be delivered using only the following programs, which are hereby approved as satisfying the corresponding module standards of Sec. 8004:

(A) the ICAT program, as defined in Sec. 8003(a)(7), delivered by a PERF-certified instructor, which shall count toward the de-escalation module requirement of Sec. 8004(b)(6);

(B) a Crisis Intervention Team curriculum certified by the Substance Abuse and Mental Health Services Administration, which shall count toward the Crisis Intervention Team module requirement of Sec. 8004(b)(7); and

(C) constitutional law and civil rights instruction administered by the Federal Law Enforcement Training Centers or delivered under a Department of Justice technical assistance program, which shall count toward the applied authorities and constitutional law module requirement of Sec. 8004(b)(3).

(2) RECORDKEEPING.- Attendance and completion records for all interim training shall be-

(A) certified in writing by the delivering instructor at the time of delivery; and

(B) logged in the registry maintained under Sec. 8008(a)(3) within 5 business days of completion.

Records may not be reconstructed retroactively. Any interim training hours not logged within the timeframe specified in subparagraph (B) shall not be eligible for credit under paragraph (3).

(3) CREDIT TOWARD PHASE MINIMUMS.- Verified interim training hours completed under this subsection shall count toward the corresponding module minimums established in Sec. 8004, subject to the following limitations:

(A) credit shall not reduce the total required hours for any phase below the minimums specified in Sec. 8004;

(B) an officer who completes 16 hours of ICAT instruction during the interim period shall apply those 16 hours toward the de-escalation module requirement and shall complete any remaining hours under the full program; and

(C) the Secretary of Homeland Security shall verify all credit applications against the registry records established under paragraph (2) before issuing any certification under Sec. 8008(a)(2).

(4) SCOPE OF INTERIM REQUIREMENTS.- The interim training requirements of this subsection apply exclusively to covered personnel hired on or after January 20, 2025. Covered personnel employed on or before January 19, 2025 are governed by the prior training credit, reassignment, Provisional Urban Deployment Authorization, and Phase II completion deadline provisions of Sec. 8005(c), which establish a separate and independent compliance pathway for existing personnel. Congress finds that the distinction reflects the different circumstances of the two populations: new hires require interim training because they may have entered service under the compressed post-August 2025 curriculum and have no prior equivalent training to credit, whereas existing personnel have an established service record against which prior training equivalency can be assessed under Sec. 8005(c)(1)(A).

(d) NO GAP IN SUPERVISION REQUIREMENT.- Nothing in this section shall be construed to permit covered personnel removed from unsupervised field duty under Sec. 8005(a)(4) to return to unsupervised field operations during the interim training period. Covered personnel in the interim period may participate in enforcement actions only under the conditions specified in Sec. 8005(a).

(e) CURRICULUM AVAILABILITY AND MODULE TRIGGERS.-

(1) SELF-EXECUTING PROHIBITION.- The prohibition on participation in interior enforcement operations without a current Urban Deployment Authorization established in Sec. 8005(a)(1) takes effect on the date of enactment. This prohibition is not contingent on the availability of any curriculum, the publication of any program, or the completion of any regulatory process. No covered personnel may participate in any interior enforcement operation while the Urban Deployment Authorization requirement is unsatisfied, regardless of the status of curriculum development under this section.

(2) PHASED TRAINING MANDATE.- The training mandate for each module required by Sec. 8004 attaches on a module-by-module basis. For modules in Phase I for which a compliant curriculum exists as of the date of enactment- including all eight modules of Sec. 8004(b), each of which is available for immediate delivery as of the date of enactment as established in Sec. 8004(b)- the training mandate attaches on the date of enactment. All Phase II modules require new curriculum development as of the date of enactment; no Phase II training mandate attaches until the Director of the Federal Law Enforcement Training Centers certifies that module’s curriculum as available pursuant to paragraph (4).

(3) PROHIBITION PENDING CURRICULUM.- During the period between the date of enactment and the date on which the Director certifies a compliant curriculum for a given Phase II module, the fact that the training mandate for a given Phase II module has not yet attached does not constitute a basis for assigning covered personnel to interior enforcement operations. The pending development of a curriculum does not create an exemption from the Urban Deployment Authorization requirement. When a new module’s curriculum is certified as available, all covered personnel who hold or are seeking a current Urban Deployment Authorization must complete that module within the applicable completion deadline established in Sec. 8005(c)(1)(C), running from the date of the Secretary’s publication notice for that module pursuant to Sec. 8011(b). Covered personnel who fail to complete a certified module within the applicable deadline shall have their Urban Deployment Authorization automatically suspended until the module is completed.

(4) DIRECTOR CERTIFICATION.- The Director of the Federal Law Enforcement Training Centers shall certify the availability of each Phase II module curriculum only upon a finding that:

(A) the curriculum satisfies all content requirements of Sec. 8004(c) for that module, including minimum hours for each content block and minimum scenario-based delivery percentages;

(B) sufficient certified instructors and facilities are available to begin delivery to covered personnel within 14 days of the Secretary’s publication notice for that module pursuant to Sec. 8011(b); and

(C) the curriculum has been reviewed by at least one independent subject-matter expert with no financial relationship to the Department of Homeland Security.

SEC. 8012. MORATORIUM ON ACQUISITION, CONSTRUCTION, AND EXPANSION OF IMMIGRATION DETENTION FACILITIES.

(a) FINDINGS.- Congress finds the following:

(1) Following January 20, 2025, the Department of Homeland Security undertook a rapid expansion of immigration detention capacity through new construction, contracts with private operators, and intergovernmental service agreements with State and local jurisdictions, including the use of military installations and so-called “soft-sided” facilities, without commensurate increases in inspection capacity, medical care infrastructure, oversight personnel, or congressional appropriations review.

(2) The Department of Homeland Security Office of Inspector General has, over multiple administrations, identified conditions at immigration detention facilities- including privately operated contract detention facilities and facilities operated under intergovernmental service agreements- that fail to satisfy the Department’s own Performance-Based National Detention Standards and that present substantial risks to detainee health, safety, and access to counsel.

(3) Detention expansion conducted through private contracts and intergovernmental agreements has been characterized by limited transparency, restricted access for legal services providers, members of Congress, and the press, and reduced oversight relative to facilities directly operated by Federal personnel.

(4) Congress finds that a moratorium on the acquisition, construction, and expansion of immigration detention capacity is necessary to permit independent oversight bodies to assess existing capacity, conditions, and operational compliance before further expansion proceeds, and to enable the orderly expansion of alternatives to detention.

(b) DEFINITIONS.- In this section:

(1) IMMIGRATION DETENTION FACILITY.- The term “immigration detention facility” means any facility, whether federally owned, contractor-owned, privately owned, or operated under an intergovernmental service agreement, used to hold or detain any individual in the custody of U.S. Immigration and Customs Enforcement, U.S. Customs and Border Protection (other than short-term port-of-entry holding as defined in paragraph (5)), or any other component of the Department of Homeland Security for purposes of immigration processing, removal proceedings, or removal. The term includes, without limitation:

(A) Service Processing Centers owned and operated by U.S. Immigration and Customs Enforcement;

(B) Contract Detention Facilities operated by private entities under contract with U.S. Immigration and Customs Enforcement;

(D) family residential centers;

(E) facilities described as “soft-sided,” “tent,” “temporary,” “emergency,” “overflow,” or “staging” facilities;

(F) holding facilities used for periods exceeding 72 hours; and

(G) any facility, by whatever name designated, in which individuals are held for periods exceeding 72 hours for purposes of immigration enforcement.

(2) NEW IMMIGRATION DETENTION FACILITY.- The term “new immigration detention facility” means any immigration detention facility that was not in operation as such on the date of enactment of this title.

(3) ACQUISITION.- The term “acquisition” includes:

(A) the purchase, lease, or other obtaining of any real property or improvement for use as an immigration detention facility;

(B) the entering into of any contract with a private entity for the operation of an immigration detention facility;

(C) the entering into of any intergovernmental service agreement with a State or local government for the detention of immigration detainees;

(D) the conversion of any property currently used for any other purpose, including any military installation, into use as an immigration detention facility; and

(E) the entering into of any other arrangement, by whatever name designated, the effect of which is to add detention capacity to the immigration detention system.

(4) EXPANSION.- The term “expansion” means any increase in the maximum operational bed capacity of an existing immigration detention facility above the capacity at which that facility was lawfully operating on the date of enactment of this title.

(5) SHORT-TERM PORT-OF-ENTRY HOLDING.- The term “short-term port-of-entry holding” means the temporary holding of individuals at a designated port of entry or land border crossing for a period not to exceed 72 hours for purposes of initial inspection, processing, and determination of admissibility. The term excludes any holding for periods exceeding 72 hours and excludes any holding at a location other than a designated port of entry or land border crossing.

(c) MORATORIUM ON NEW FACILITIES AND EXPANSIONS.- Notwithstanding any other provision of law, no official of the Department of Homeland Security, U.S. Immigration and Customs Enforcement, U.S. Customs and Border Protection, or any other component or agency may, on or after the date of enactment of this title:

(1) construct or commence construction of any new immigration detention facility;

(2) acquire any new immigration detention facility;

(3) expand the operational bed capacity of any existing immigration detention facility;

(4) enter into any new contract, agreement, or arrangement for the operation of an immigration detention facility, or for the addition of detention capacity to the immigration detention system, with any private entity, State or local government, or other party; or

(5) obligate, expend, or transfer any Federal funds for any purpose described in paragraphs (1) through (4).

(d) EXISTING FACILITIES AND CONTRACTS.-

(1) IN GENERAL.- Nothing in this section requires the closure of any immigration detention facility in lawful operation on the date of enactment of this title or the termination of any contract or intergovernmental service agreement in effect on that date prior to its scheduled expiration.

(2) RENEWALS.- Any renewal, extension, or modification of an existing contract or intergovernmental service agreement for the operation of an immigration detention facility that would result in an increase in operational bed capacity is prohibited under subsection (c). A renewal, extension, or modification that does not increase operational bed capacity is permitted only if: (A) the facility was in substantial compliance with the Performance-Based National Detention Standards or successor standards at the time of the most recent inspection conducted within the preceding 12 months, as certified in writing by the Inspector General of the Department of Homeland Security; and (B) the renewal, extension, or modification is approved in writing by the Inspector General of the Department of Homeland Security as not increasing operational bed capacity.

(3) REPLACEMENT PROHIBITION.- If an existing immigration detention facility is closed by reason of a final finding by the Inspector General of the Department of Homeland Security, a court of competent jurisdiction, or any other competent authority that the facility fails to meet applicable detention standards or presents substantial risk to detainee health, safety, or constitutional rights, the closed capacity may not be replaced through the acquisition or construction of a new facility during the moratorium period. Individuals previously held at the closed facility shall be released on alternatives to detention or transferred to existing capacity, as appropriate, with priority given to release where consistent with public safety and appearance requirements.

(e) LIMITED EXCEPTION FOR EMERGENCY MEDICAL CARE.- Subsection (c) shall not apply to the temporary use of medical facilities for purposes of providing emergency medical care to individuals in immigration custody, provided that:

(1) such use is limited to the period during which emergency medical care is provided and does not exceed 30 days for any individual without renewed authorization by the Inspector General of the Department of Homeland Security;

(2) such facilities are not characterized, marketed, or operated as detention facilities and the individual is not subject to immigration enforcement restraint beyond what is medically necessary; and

(3) such use is reported to the Committee on the Judiciary of the Senate and the Committee on the Judiciary of the House of Representatives within 7 days.

(f) ALTERNATIVES TO DETENTION.- Congress finds that the moratorium established by this section creates an operational need for expanded use of alternatives to detention, including community-based case management, supervised release, and other non-custodial supervision. The Secretary of Homeland Security shall, within 180 days of the date of enactment of this title, submit to the Committee on the Judiciary of the Senate and the Committee on the Judiciary of the House of Representatives a plan for expanding alternatives to detention sufficient to accommodate operational needs during the moratorium period. Nothing in this subsection authorizes the use of electronic monitoring, GPS tracking, or any other form of surveillance and the plan shall give priority to community-based and case-management approaches over surveillance-based alternatives.

(g) ENFORCEMENT.-

(1) PROHIBITION ON USE OF FUNDS.- No funds appropriated to the Department of Homeland Security, U.S. Immigration and Customs Enforcement, U.S. Customs and Border Protection, or any other component or agency may be obligated or expended in violation of this section, regardless of the appropriations account, fund source, transfer authority, or reprogramming authority. Any obligation or expenditure of Federal funds in violation of this section shall constitute a violation of the Antideficiency Act (31 U.S.C. § 1341) and shall be reported as such.

(2) WILLFUL VIOLATIONS.- Any official who knowingly authorizes, directs, or causes any acquisition, construction, expansion, or contract in violation of subsection (c) shall be subject to:

(A) removal from Federal service; and

(B) referral to the Department of Justice for potential prosecution under 18 U.S.C. § 1001 and any other applicable law.

(3) CONTRACT VOIDABILITY.- Any contract, agreement, or arrangement entered into in violation of subsection (c) is void ab initio and unenforceable against the United States. Any Federal funds paid under such a void contract are subject to recovery by the United States.

(4) INSPECTOR GENERAL AUDIT.- The Inspector General of the Department of Homeland Security shall conduct an audit, not less than annually, of compliance with this section, and shall report findings to the Committee on the Judiciary of the Senate and the Committee on the Judiciary of the House of Representatives.

(h) ANTI-COMMANDEERING SAVINGS CLAUSE.- Nothing in this section shall be construed to require any State or local government to terminate any existing intergovernmental service agreement before the agreement’s scheduled expiration, to operate any detention facility on behalf of the Department of Homeland Security, or to take any other action with respect to immigration detention that the State or local government has not voluntarily undertaken.

(i) DURATION AND REVIEW.- The moratorium established by this section shall remain in effect for a period of 5 years from the date of enactment of this title and shall expire automatically at the end of that period unless extended by an Act of Congress. Not later than 180 days before the expiration of the moratorium, the Inspector General of the Department of Homeland Security shall submit to the Committee on the Judiciary of the Senate and the Committee on the Judiciary of the House of Representatives a report assessing conditions, capacity, and operational compliance of the immigration detention system during the moratorium period, and recommendations regarding extension, modification, or expiration of the moratorium.

SEC. 8013. SEVERABILITY.

If any provision of this title, or the application of any provision of this title to any person or circumstance, is held to be invalid or unconstitutional by a court of competent jurisdiction, the remainder of this title and the application of its provisions to any other person or circumstance shall not be affected. Congress declares that it would have enacted each provision of this title independently of any other provision found to be invalid or unconstitutional, and that the remaining provisions shall continue in force to the fullest extent permitted by law.

Note: LLMs were used to standardize the language in this document and formalize the text appropriate for formal introduction.