Preventing Fraudulent ICE Impersonation Act of 2025

Bill Number

H.R. 4652

Origin Chamber

House

Congress

119th Congress, Session 1

Policy Area

Immigration

Status

Introduced

Latest Action

2025-07-23: Referred to the House Committee on the Judiciary.

Last Updated

2026-06-11T23:26:43Z

AI-Generated Summary

Purpose of the Legislation

The Preventing Fraudulent ICE Impersonation Act of 2025 aims to prevent individuals from impersonating U.S. Immigration and Customs Enforcement (ICE) officers by strengthening penalties for unauthorized use and sale of ICE-branded apparel and insignia. It seeks to protect public safety, reduce fraud, and rebuild community trust in law enforcement.

Key Provisions

• Findings (Section 2): Congress recognizes that impersonation of ICE officers creates fear, erodes trust, and enables fraud, necessitating stricter rules on ICE symbols.
• Prohibitions (Section 3):
• It is illegal for non-DHS employees to wear, display, or possess ICE-branded items (e.g., apparel, badges) in a way that suggests impersonation of a federal officer. Violations carry criminal penalties: fines (as set by federal law) and up to 7 years in prison.
• Manufacturing, selling, or distributing unauthorized ICE-branded items is prohibited without DHS approval. Violations result in civil penalties up to $100,000 per incident.
• Seizure and Sentencing (Section 4): Unauthorized items can be seized and forfeited under existing federal procedures (Chapter 46 of Title 18, U.S. Code, which outlines rules for confiscating property linked to crimes). Courts must add at least 6 months to prison sentences for immigration official impersonation.
• Public Awareness and Reporting (Section 5): The DHS Secretary must launch a campaign to educate communities on impersonation risks and create a national hotline and online portal for reporting. The Comptroller General (an independent auditor for the government) will study impersonation issues every 180 days and report to Congress.
• Implementation (Section 6): DHS must issue rules to enforce the law within 180 days of enactment.
• Definitions (Section 7): "ICE" refers to U.S. Immigration and Customs Enforcement; "official" includes public officials and those selected for such roles, as defined in federal anti-bribery laws.

Significant Changes to Existing Law

• Increases criminal penalties for impersonation from potentially lower existing limits (e.g., under general federal impersonation statutes) to a maximum of 7 years in prison.
• Introduces new civil penalties (up to $100,000) specifically for selling or distributing unauthorized ICE items, which were not previously emphasized.
• Adds mandatory sentencing enhancements (minimum 6 months) for immigration impersonation, directing the U.S. Sentencing Commission to update guidelines.
• Establishes novel requirements for public education campaigns and reporting systems, expanding beyond current enforcement-focused laws.

Potential Impacts

• On Government Agencies: DHS (including ICE) will face new responsibilities for regulations, awareness campaigns, and a reporting system, potentially increasing administrative costs but improving enforcement efficiency. The Comptroller General's ongoing studies may inform future policy.
• On Citizens: Immigrant and vulnerable communities could benefit from reduced fraud and impersonation incidents, fostering greater trust in authorities. Easier reporting tools may encourage public participation in identifying threats.
• On International Relations: No direct impacts, though it may indirectly support U.S. credibility in immigration enforcement by addressing domestic misuse of symbols.

Main Stakeholders Affected

• Department of Homeland Security (DHS) and ICE: Primary enforcers, responsible for approvals, regulations, and public outreach.
• Communities, Especially Immigrants: Protected from scams and intimidation by fake officers, reducing fear and distrust.
• Sellers and Manufacturers: Retailers or producers of apparel/insignia must comply to avoid civil fines, potentially affecting novelty or costume industries.
• Law Enforcement and Courts: Gain stronger tools for prosecution, including seizures and enhanced sentences.
• Potential Offenders: Individuals or groups engaging in impersonation face harsher consequences.

Notable Legal, Constitutional, or Political Implications

• Legal: Builds on existing federal laws against impersonation (e.g., 18 U.S.C. § 912) by targeting ICE-specific symbols, clarifying "reasonable interpretation" of intent to avoid overly broad enforcement. Seizure provisions align with standard forfeiture rules but apply newly to these items.
• Constitutional: Could raise First Amendment concerns if restrictions on apparel sales limit expressive uses (e.g., parody), though the focus on fraudulent intent likely withstands scrutiny as it protects against deception rather than speech.
• Political: Addresses bipartisan concerns over immigration enforcement integrity, potentially reducing community backlash against legitimate ICE operations; introduced by Representatives Espaillat and Correa, it highlights efforts to safeguard vulnerable populations without altering core immigration policies.

This summary was generated by AI and may contain inaccuracies. Refer to the official source document for the authoritative text.

Sponsor

Rep. Espaillat, Adriano [D-NY-13]

Cosponsors (2)

Rep. Correa, J. Luis [D-CA-46], Rep. Moskowitz, Jared [D-FL-23]

Recent Actions

• 2025-07-23: Referred to the House Committee on the Judiciary.
• 2025-07-23: Introduced in House
• 2025-07-23: Introduced in House

Bill Versions

• Preventing Fraudulent ICE Impersonation Act of 2025 — issued 2025-07-23 — PDF (5 pages)