S.Amdt. 4270

SA 4270, submitted by Mr. Bennet, aims to add Section 239 to bill H.R. 7148. The purpose of this amendment is to require the Secretary of Homeland Security to ensure that every immigration enforcement agent or officer who interacts with the public has a body-worn camera.

Key changes and additions include:

• Activation Requirements: Officers must use body-worn or dash cameras when responding to service calls, entering premises to enforce or investigate the law, conducting welfare checks (excluding motorist assistance), or initiating any interaction with the public for law enforcement purposes.

• Exceptions: Cameras do not need to be active while en route to a call (though they must be activated shortly before arrival) or for officers working undercover. Officers may deactivate cameras for unrelated assignments, prolonged breaks, administrative/tactical discussions without the public present, or to avoid recording non-immigration personal information.

• Accountability for Missing Footage: If a camera is not activated or is tampered with, there is a permissive inference in non-criminal legal proceedings that the footage would have shown misconduct. Unrecorded statements or conduct may be presumed inadmissible. These rules do not apply if the camera malfunctioned and the officer checked its functionality at the start of the shift.

• Disciplinary Actions: Intentional failure to activate or tampering with cameras can lead to discipline up to termination. If the intent was to obstruct justice or conceal unlawful actions, the officer's authority is suspended for at least one year. If the incident resulted in serious bodily injury or death of a civilian, the authority is permanently revoked, unless exonerated.

• Public Access and Records: The Secretary must set a retention schedule for recordings. Unedited audio and video of incidents involving misconduct complaints must be released to the public within 21 days, though some recordings may be delayed up to 45 days if they interfere with an investigation.

• Privacy and Victims: Recordings of death must be shared with the victim's family or representative before public release. Privacy interests may be protected through blurring or by releasing recordings only to affected individuals.