DHS Use of Force Oversight Act
- Bill Number
- H.R. 7119
- Origin Chamber
- House
- Congress
- 119th Congress, Session 2
- Policy Area
- Immigration
- Status
- Introduced
- Latest Action
- 2026-01-16: Referred to the Subcommittee on Border Security and Enforcement.
- Last Updated
- 2026-06-24T08:08:59Z
AI-Generated Summary
Purpose
The DHS Use of Force Oversight Act (H.R. 7119) aims to establish a uniform policy within the Department of Homeland Security (DHS) for how its law enforcement officers and agents use force. It emphasizes de-escalation (techniques to calm situations without force) to promote safety for officers and the public, while requiring training, oversight, and public reporting to increase accountability.
Key Provisions
- Use of Force Policy: DHS must create and implement a department-wide policy requiring officers to:
- Use only objectively reasonable force based on the full situation.
- When possible, identify themselves and give verbal warnings before using force.
- Prioritize tactics that control incidents safely and minimize harm or property damage.
- Ban chokeholds (pressure on the neck) and carotid restraints (pressure on the neck artery) for controlling non-compliant individuals during arrests.
- Training and Oversight Requirements:
- The policy must favor de-escalation and mandate initial and ongoing training on force options, including de-escalation.
- Each DHS component (e.g., divisions like Customs and Border Protection) must appoint an expert on force and training to ensure compliance.
- Components must form review councils or committees of experts to analyze force incidents, improve policies, and share lessons across DHS.
- Reporting and Transparency:
- DHS must collect consistent data on force uses and publish semi-annual reports on its website covering incidents involving injuries, deaths, deadly force, less-than-lethal devices (e.g., tasers), canines, kinetic impacts (e.g., from vehicles or weapons), or actions against vessels/aircraft.
- Reports include disaggregated data by component, location, circumstances, and outcomes (e.g., injuries or deaths).
- Summaries of review analyses must be published, noting compliance with federal law and policy.
- Within 24 hours of any force incident causing hospitalization or death, DHS must brief congressional committees (House and Senate Homeland Security) and inform the public of known facts.
- All public information must protect individual privacy (e.g., anonymizing personal details).
- Independent Review: The DHS Office of Inspector General (OIG) must continuously monitor compliance with the policy and training requirements.
Significant Changes to Existing Law
This bill amends the Homeland Security Act of 2002 by adding a new section (890E) focused solely on use of force. Previously, the Act lacked a comprehensive, department-wide mandate for de-escalation, bans on specific restraints, standardized training, expert oversight roles, or mandatory public reporting on force incidents. It introduces the first semi-annual reporting requirement and rapid congressional notifications for serious events, shifting from ad-hoc to systematic accountability.
Potential Impacts
- On Government Agencies: DHS components will face new administrative burdens for training, data collection, and internal reviews, potentially leading to more uniform operations but requiring resource allocation. The OIG's role expands for ongoing audits, and Congress gains quicker access to incident details for oversight.
- On Citizens: Interactions with DHS officers (e.g., at borders or during investigations) may become safer due to de-escalation emphasis and restraint bans, with greater public trust from transparent reporting. However, privacy protections ensure sensitive details are not exposed.
- On International Relations: Minimal direct impact, though standardized force policies could affect perceptions of U.S. border enforcement by foreign governments or travelers.
Main Stakeholders Affected
- DHS Law Enforcement Officers and Agents: Directly impacted by new training, policy restrictions, and incident reviews.
- DHS Leadership and Components: Responsible for implementing policies, appointing experts, forming councils, and handling reporting.
- Congressional Committees: House Committee on Homeland Security and Senate Committee on Homeland Security and Governmental Affairs receive briefings and use reports for oversight.
- Public and Civil Rights Groups: Benefit from transparency and de-escalation focus, potentially reducing force-related harms.
- DHS Office of Inspector General: Gains an expanded monitoring role to ensure compliance.
Notable Legal, Constitutional, or Political Implications
- Legal: Reinforces federal standards for "reasonable" force under laws like 18 U.S.C. § 242 (prohibiting excessive force), with reviews explicitly checking compliance. The restraint ban aligns with evolving case law on neck restraints.
- Constitutional: Supports Fourth Amendment protections against unreasonable searches and seizures by mandating "objectively reasonable" force and de-escalation, potentially reducing civil rights lawsuits against DHS.
- Political: Enhances congressional and public scrutiny of DHS policing, which could influence debates on federal law enforcement reform. As a bipartisan bill (introduced by a diverse group of representatives), it signals cross-party interest in accountability without altering broader immigration or security policies.
This summary was generated by AI and may contain inaccuracies. Refer to the official source document for the authoritative text.
Sponsor
Rep. Ramirez, Delia C. [D-IL-3]
Cosponsors (27)
Rep. Magaziner, Seth [D-RI-2], Rep. Thompson, Bennie G. [D-MS-2], Del. Norton, Eleanor Holmes [D-DC-At Large], Rep. Thanedar, Shri [D-MI-13], Rep. Carter, Troy A. [D-LA-2], Rep. Elfreth, Sarah [D-MD-3], Rep. Crockett, Jasmine [D-TX-30], Rep. Green, Al [D-TX-9], Rep. Krishnamoorthi, Raja [D-IL-8], Rep. Goldman, Daniel S. [D-NY-10], Rep. Sewell, Terri A. [D-AL-7], Rep. Garcia, Sylvia R. [D-TX-29], Rep. Foushee, Valerie P. [D-NC-4], Rep. Schakowsky, Janice D. [D-IL-9], Rep. Jackson, Jonathan L. [D-IL-1], Rep. Neguse, Joe [D-CO-2], Rep. Beatty, Joyce [D-OH-3], Rep. Larson, John B. [D-CT-1], Rep. Grijalva, Adelita S. [D-AZ-7], Rep. Walkinshaw, James R. [D-VA-11], Rep. Johnson, Julie [D-TX-32], Rep. Pocan, Mark [D-WI-2], Rep. McBath, Lucy [D-GA-6], Rep. Latimer, George [D-NY-16], Rep. Mullin, Kevin [D-CA-15], Rep. McIver, LaMonica [D-NJ-10], Rep. Cisneros, Gilbert Ray [D-CA-31]
Recent Actions
- 2026-01-16: Referred to the Subcommittee on Border Security and Enforcement.
- 2026-01-16: Referred to the Subcommittee on Oversight, Investigations, and Accountability.
- 2026-01-15: Referred to the Committee on Homeland Security, and in addition to the Committee on the Judiciary, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
- 2026-01-15: Referred to the Committee on Homeland Security, and in addition to the Committee on the Judiciary, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
- 2026-01-15: Introduced in House
- 2026-01-15: Introduced in House
Bill Versions
- DHS Use of Force Oversight Act — issued 2026-01-15 — PDF (7 pages)