This Act may be cited as the "Operational Clarity and Fairness in Immigration Enforcement Reform (OFFICER) Act of 2025".

In this Act:

1. (a)
   IMMIGRATION OFFICER—any individual defined under 8 U.S.C. § 1101(a)(18) and any other federal employee authorized to enforce immigration law under 8 U.S.C. § 1357;
2. (b)
   IMMIGRATION ENFORCEMENT ACTION—any operation under 8 U.S.C. § 1357, including State, local, or tribal officers under 287(g);
3. (c)
   COVERED OFFICER—

   1. (1)

      an Immigration Officer; or

   2. (2)

      a state, local, or tribal officer acting under a 287(g) agreement referencing this Act;

1. (a)
   PURPOSE—To promote the integrity of the American family unit and ensure the well-being of United States citizens and their dependents by providing protection from removal for certain non-violent individuals with substantial, legally recognized ties to the United States, thereby fostering community stability and respecting foundational family values.
2. (b)
   PROTECTION FROM REMOVAL FOR NON-VIOLENT INDIVIDUALS WITH QUALIFYING FAMILY RELATIONSHIPS—An alien who has not been convicted of an offense rendering them inadmissible or deportable on criminal grounds (excluding minor traffic offenses or offenses for which a conviction was not obtained) or on national security grounds shall not be removed from the United States if the alien:

   1. (1)
      Is the spouse, parent, or child (as such terms are defined in section 101(b)(1) of the Immigration and Nationality Act (8 U.S.C. 1101(b)(1))) of a citizen of the United States; or
   2. (2)
      Is demonstrably the primary caregiver of a United States citizen, including a minor child or an individual who is dependent on the alien for essential daily care due to advanced age or significant disability, where the removal of the caregiver would result in undue hardship to the U.S. citizen.
3. (c)
   APPLICATION AND ADJUDICATION PROCESS—The Secretary of Homeland Security shall establish a clear and efficient process for aliens to apply for protection under this section. Such applications shall be reviewed on an individual, case-by-case basis, with due consideration given to all relevant humanitarian factors, the strength and nature of family ties to the United States, and the potential impact of removal on U.S. citizen family members.

1. (a)
   PURPOSE—To affirm that the United States maintains secure and sovereign borders while upholding the nation's commitment to the rule of law, ensuring that applications for asylum and refugee status are assessed with fairness and precision, based on the individual merits of each case and in accordance with established legal processes, thereby preventing blanket discrimination based on nationality which could undermine national security by failing to identify specific threats.
2. (b)
   PROHIBITION ON NATIONALITY-BASED PREJUDGMENT OR BANS IN ASYLUM AND REFUGEE CLAIMS—Notwithstanding any other provision of law, no alien may be denied the opportunity to apply for asylum or refugee status, nor shall their application be subjected to adverse prejudgment or categorical denial, solely on the basis of their nationality or country of origin.
3. (c)
   REQUIREMENT FOR INDIVIDUALIZED ASSESSMENT—All applications for asylum or refugee status shall continue to be subject to a rigorous, individualized assessment as prescribed by existing United States law and procedure to determine eligibility based on the specific facts, circumstances, and credibility presented by the applicant. This ensures that each claim is vetted thoroughly for legitimacy and potential security concerns.

1. (a)
   PURPOSE—To ensure that United States immigration enforcement practices are conducted in a manner consistent with core American values of compassion, justice, and due process, and align with established international standards by preventing the deportation of individuals to countries where they would face a credible and officially recognized threat of persecution or severe human rights abuses, thereby safeguarding human dignity and the integrity of U.S. foreign policy pronouncements.
2. (b)
   PROTECTION AGAINST DEPORTATION TO COUNTRIES WITH DOCUMENTED SEVERE HUMAN RIGHTS ABUSES—An alien shall not be deported or returned to a country if the Secretary of State has issued a Level 4 Travel Advisory for that country explicitly citing widespread human rights abuses perpetrated by state or non-state actors, or if there is otherwise substantial and credible evidence, consistent with information utilized by the Department of State, to believe that the alien's life or freedom would be imminently threatened in that country on account of race, religion, nationality, membership in a particular social group, or political opinion, unless:

   1. (1)
      The Secretary of Homeland Security, in consultation with the Attorney General, determines that exigent circumstances related to the national security or immediate public safety of the United States necessitate such removal, and no reasonable alternatives exist;
   2. (2)
      The alien, after being fully informed of the conditions in the destination country and their right to protection, and having access to legal counsel if requested and available, makes a direct, informed, and voluntary request in writing to be returned to that specific country; or
   3. (3)
      The alien has undergone a credible fear or reasonable fear screening, as applicable, and has been found by an asylum officer or immigration judge not to have a credible or reasonable fear of persecution or torture in the country of proposed removal, and such determination has become administratively final.
3. (c)
   CONSIDERATION OF OFFICIAL HUMAN RIGHTS REPORTS AND TRAVEL ADVISORIES—In making determinations under this section, immigration officers and immigration judges shall give significant weight to and, where appropriate, incorporate into the record, relevant information from official Department of State country reports on human rights practices, travel advisories detailing risks of wrongful detention or harm, and findings from credible international human rights organizations.

1. (a)
   IDENTIFIER PROTOCOLS.—

   The Department of Homeland Security shall establish risk-based protocols for officer identification when facial concealment is utilized during an Immigration Enforcement Action. Such protocols shall include, at a minimum:

   1. (1)
      STANDARD OPERATIONS.—

      For planned operations not deemed high-risk, any Covered Officer who conceals their face shall display, on the front and back of the outermost garment, a unique alphanumeric identifier in bold, uppercase characters occupying no less than seventy-five percent of the patch height, legible at a distance of ten feet by a person of average eyesight.

   2. (2)
      HIGH-RISK, UNDERCOVER, OR SENSITIVE OPERATIONS.—

      For operations designated as high-risk, undercover, or sensitive by a supervisory official at GS-15 level or higher, alternative identification methods shall be employed to ensure accountability while protecting officer safety and operational integrity. These methods shall include one or more of the following:

      1. (A)
         a generic team or unit alphanumeric identifier, prominently displayed, with individual officer assignments to that identifier logged internally and accessible to the Office of Inspector General and the Congressional Immigration Oversight Committee post-operation.
      2. (B)
         technological identifiers, such as encrypted officer-specific information embedded in body-worn camera metadata or via secure scannable codes (e.g., QR codes, NFC tags). Such technological identifiers must ensure that officer identification is statically embedded with any collected evidentiary material, requiring self-exposure of the identifier during evidentiary procedures.
2. (b)
   CONDITIONS FOR CONCEALMENT AND IDENTIFIER USE.—

   Facial concealment and the use of specific identifier protocols shall be permitted only under the following conditions:

   1. (1)
      PLANNED OPERATIONS.—

      The officer shall obtain prior written authorization from a supervisory official at GS-15 level or higher. This authorization must specify the type of identifier protocol to be used and cite a specific and articulable threat or operational necessity justifying facial concealment. The authorization and identifier usage log shall be submitted to the Office of Inspector General within seventy-two (72) hours after the officer's participation in the operation has ended.

   2. (2)
      EXIGENT CIRCUMSTANCES.—

      Where prior authorization is impractical due to unforeseen, rapidly evolving, and dangerous circumstances, an officer may use facial concealment and the appropriate identifier protocol. The officer shall:

      1. (A)
         Submit a detailed written justification for the concealment and the identifier protocol used to their supervisor and directly to a dedicated rapid-response review team within the Office of Inspector General within twenty-four (24) hours of the action.
      2. (B)
         Obtain supervisory review and sign-off by a GS-15 or higher official on the written justification within forty-eight (48) hours of the operation. This review shall also be submitted to the Office of Inspector General.
3. (c)
   INSPECTOR GENERAL OVERSIGHT AND SUPERVISORY ACCOUNTABILITY.—

   1. (1)
      All concealment authorizations, justifications for exigent circumstances, and identifier usage logs shall be reviewed by the Office of Inspector General. For exigent circumstances, the dedicated rapid-response review team within the OIG shall complete its review and issue a preliminary finding within seventy-two (72) hours of receipt of the officer's justification.
   2. (2)
      If the Inspector General determines that concealment or the choice of identifier protocol was unjustified, improperly documented, or that there was a failure to adhere to prescribed procedures, the employing agency shall initiate administrative or disciplinary proceedings within thirty (30) days of such determination. A record of such proceedings and their outcomes shall be maintained.
   3. (3)
      Intentional falsification, destruction, or failure to submit identifier-related records shall be referred for criminal enforcement under 18 U.S.C. § 1519.
   4. (4)
      A demonstrated pattern of unjustified concealment authorizations or improper identifier protocol usage by a specific supervisory official or unit shall result in a mandatory review by the Department of Homeland Security leadership and the Congressional Immigration Oversight Committee, and may result in disciplinary action or reassignment for the responsible supervisory official(s).

1. (a)
   PROCESSING TIMELINES.—

   records subject to disclosure under 5 U.S.C. § 552 and related to Immigration Enforcement Actions shall be processed according to the following schedule:

   1. (1)
      operational summaries and officer rosters shall be made available within thirty (30) calendar days of the enforcement action; and
   2. (2)
      audio, video, or photographic documentation shall be made available within one hundred twenty (120) calendar days, subject to redaction or withholding pursuant to applicable exemptions; and
   3. (3)
      investigative material, tactical information, or sensitive enforcement techniques shall be withheld in accordance with subsection (b), provided that a summary log identifying the general nature of withheld items shall be published within one hundred eighty (180) days;
2. (b)
   APPLICABLE EXEMPTIONS.—

   the exemptions set forth under 5 U.S.C. §§ 552(b)(6) and 552(b)(7) shall apply to all requests processed under this section;

3. (c)
   CONGRESSIONAL ACCESS.—

   upon written request, the Secretary of Homeland Security shall furnish records described under subsection (a) within thirty (30) days to:

   1. (1)
      the Chair or Ranking Member of the House Committee on Homeland Security;
   2. (2)
      the Chair or Ranking Member of the Senate Committee on Homeland Security and Governmental Affairs; or
   3. (3)
      the Chair or Ranking Member of the Congressional Immigration Oversight Committee;
4. (d)
   EXTENSIONS AND WAIVERS.—a court of competent jurisdiction may extend any applicable deadline under this section for up to thirty (30) days upon sealed findings that such extension is necessary to protect officer safety or the integrity of an ongoing investigation. The requesting party and the Department of Homeland Security may also agree to extend or waive deadlines by mutual consent;

1. (a)
   INTERPRETER NOTIFICATION.—

   Any individual taken into custody during an Immigration Enforcement Action shall be promptly informed, in a language they understand, that interpretation services are available upon request and shall be provided at no cost;

2. (b)
   INTERPRETER REQUIREMENT.—

   No custodial interrogation shall proceed unless:

   1. (1)
      the individual has been advised of interpreter availability under subsection (a); and
   2. (2)
      a qualified interpreter has been made available in person or via secure real-time tele-interpretation, unless the individual has voluntarily declined such assistance in writing;
3. (c)
   QUALIFICATIONS.—

   All interpreters provided under this section shall be certified under standards adopted by the Department of Justice or the Executive Office for Immigration Review. Any substitution of uncertified interpretation shall be documented and justified in the case record and subject to Inspector General review;

4. (d)
   EMERGENCY EXCEPTION.—

   Custodial questioning may proceed without interpreter access only if:

   1. (1)
      the officer reasonably and in good faith determines that immediate questioning is necessary to prevent imminent danger to life or serious physical harm; and
   2. (2)
      the delay required to obtain interpreter services would materially increase the likelihood of such harm;
   3. (3)
      the officer shall document the nature of the threat and justification for the exception in writing, and submit such documentation to the Office of Inspector General within seventy-two (72) hours;
5. (e)
   RECORDKEEPING.—

   All interpreter advisements, interpreter usage logs, written declinations, and emergency exception certifications shall be recorded in the individual's case file and retained for administrative review, audit, and judicial oversight;

6. (f)
   OVERSIGHT AND ENFORCEMENT.—

   The Office of Inspector General shall conduct semiannual audits of interpreter access compliance across all relevant DHS components, including a review of all emergency exception claims. A summary of findings shall be submitted to the Congressional Immigration Oversight Committee. A pattern or practice of noncompliance shall trigger a mandatory compliance hearing before said Committee;

1. (a)

   No person shall be criminally prosecuted under or any related statute solely for providing emergency medical care, food, or potable water to an individual encountered in physical distress within the enforcement zone described in , provided such aid was rendered:

2. (b)

   This section shall not be construed to immunize any person engaged in human smuggling, trafficking, harboring, or other offense defined under or ;

3. (c)

   The Department of Justice shall issue guidance within 90 days of enactment clarifying prosecutorial standards for humanitarian exemption claims made under this section;

1. (a)
   PURPOSE—To uphold the principles of due process and fundamental fairness in immigration proceedings by ensuring access to qualified legal counsel, particularly for vulnerable individuals and those facing complex cases.
2. (b)
   ESTABLISHMENT OF LEGAL ACCESS PROGRAM—The Attorney General, in consultation with the Secretary of Homeland Security, shall establish a program to provide access to legal counsel for individuals in immigration proceedings who cannot afford representation.
3. (c)
   PHASED IMPLEMENTATION—The program established under subsection (b) shall be implemented in phases:

   1. (1)
      Phase 1 (Within 1 year of enactment): Priority access shall be provided to unaccompanied children, individuals with serious mental disabilities as defined by the Attorney General, and individuals detained in removal proceedings.
   2. (2)
      Phase 2 (Within 3 years of enactment): Access shall be expanded to other vulnerable populations as identified by the Attorney General, and individuals facing particularly complex cases or consequences such as permanent family separation or prolonged detention.
   3. (3)
      Phase 3 (Within 5 years of enactment): The Attorney General shall develop and submit to Congress a plan for achieving universal access to counsel for all indigent individuals in removal proceedings, considering resource availability and program effectiveness.
4. (d)
   MECHANISMS FOR PROVISION OF COUNSEL—Counsel under this section may be provided through:

   1. (1)
      Direct hiring of government attorneys;
   2. (2)
      Contracts or grants with qualified non-profit legal service organizations; or
   3. (3)
      A competitively bid private panel attorney system.
5. (e)
   NOTIFICATION OF RIGHT TO COUNSEL AND PROGRAM AVAILABILITY—Individuals subject to removal proceedings shall be informed, both orally and in writing, in a language they understand, of their right to be represented by counsel and of the availability of the Legal Access Program at the initiation of proceedings and at key subsequent stages. This notification shall be documented in the individual\'s record of proceeding.
6. (f)
   QUALITY AND QUALIFICATION STANDARDS—The Attorney General shall establish qualification standards, training requirements, and performance metrics for counsel participating in the program to ensure competent and effective representation.

1. (a)
   PURPOSE—To enhance the impartiality, efficiency, and integrity of the immigration court system, ensuring timely and fair adjudication of cases through adequate resourcing, clear procedural guidelines, and measures to support judicial independence.
2. (b)
   JUDICIAL AND STAFFING RESOURCES—

   1. (1)
      AUTHORIZATION OF IMMIGRATION JUDGES—Such sums as may be necessary are authorized to be appropriated annually to the Executive Office for Immigration Review (EOIR) to hire, train, and support a sufficient number of immigration judges to reduce case backlogs and ensure timely hearings, consistent with due process.
   2. (2)
      SUPPORT STAFF AND RESOURCES—Adequate funding shall be provided for essential support staff, including law clerks, administrative personnel, and interpreters, as well as for necessary technological resources and physical infrastructure to support efficient and fair court operations.
3. (c)
   PROCEDURAL GUIDELINES AND TRAINING—

   1. (1)
      REVIEW AND UPDATE OF PROCEDURAL RULES—The Attorney General shall direct EOIR to conduct a comprehensive review and, as appropriate, update its Practice Manual and procedural rules to enhance clarity, consistency, fairness, and efficiency. This review shall include public notice and an opportunity for comment.
   2. (2)
      ONGOING TRAINING—Regular and comprehensive training shall be provided to immigration judges and court staff on relevant legal developments, due process standards, evidentiary rules, cultural competency, trauma-informed practices, and case management techniques.
4. (d)
   TECHNOLOGICAL MODERNIZATION—EOIR shall continue to invest in and implement technological modernizations, including robust electronic filing and case management systems, and secure virtual hearing capabilities, while ensuring that such technologies enhance access to justice and do not disadvantage unrepresented individuals or those with limited technological access.
5. (e)
   STUDY ON ENHANCING JUDICIAL INDEPENDENCE—The Attorney General shall commission an independent study, to be completed within 18 months of enactment, to evaluate and provide recommendations on structural and procedural reforms to further enhance the decisional independence and impartiality of immigration judges, consistent with their function as adjudicators within an executive branch agency.

1. (a)
   ESTABLISHMENT.—

   The Secretary of Homeland Security shall establish a competitive grant program to assist eligible state, local, and tribal law enforcement agencies in achieving compliance with the standards and operational requirements established by this Act. Funding shall support:

   1. (1)
      implementation of officer identifier systems under Section 3 (formerly Section 4);
   2. (2)
      interpreter training and access systems under Section 5 (formerly Section 6);
   3. (3)
      data management systems necessary for compliance monitoring and auditing;
2. (b)
   ELIGIBILITY.—

   To be eligible for funding, an agency must be operating under a valid agreement pursuant to 8 U.S.C. § 1357(g) and demonstrate good-faith efforts toward implementation of this Act's requirements;

3. (c)
   FUNDING.—

   There is authorized to be appropriated $25,000,000 for fiscal year 2026 and $15,000,000 for each fiscal year thereafter to carry out this section;

1. (a)
   SEVERABILITY.—

   If any provision of this Act, or the application of any provision to any person or circumstance, is held to be invalid, the remainder of the Act and the application of the remaining provisions shall not be affected;

2. (b)
   RULE OF CONSTRUCTION.—

   This Act shall be implemented consistent with all applicable statutes. To the extent any agency policy, guidance, or executive directive conflicts with the provisions of this Act, the provisions of this Act shall govern;

Except as otherwise provided in this Act, the provisions herein shall take effect sixty (60) days after the date of enactment.