Immigration and Customs Enforcement has rejected a government watchdog's recommendation that agents' body cameras be automatically activated when weapons are drawn, citing risks to informant safety and other sensitive operations.
The Department of Homeland Security told the Government Accountability Office in a report published Wednesday that it would not adopt the guidance. The GAO, an independent congressional watchdog, found that ICE and Customs and Border Protection had not updated their body camera policies in several years, leaving the agencies unable to account for recent developments in camera technology and use.
CBP uses technology that automatically turns on body cameras when officers pull out their weapons or turn on emergency lights. ICE does not have this capability.
Confusion among agents about when cameras must run
Federal immigration agents are generally required to turn on their body cameras at the start of an enforcement encounter, including arrests and vehicle stops. But the rule is not consistently understood or applied.
ICE and CBP personnel interviewed at six of 10 locations told investigators they were not always sure when they were required to activate their cameras. Some described camera use as "up to interpretation," "not mandated" and containing "gray areas."
The GAO warned that this confusion creates accountability gaps. "This presents the risk of personnel not capturing footage of incidents when they are required to do so," the report said.
Why DHS says automatic activation poses risks
DHS told the GAO that automatic camera activation would create problems for ICE operations. The agency cited risks including false activations that could inadvertently record "sensitive interactions with informants or victims."
The GAO countered that automated activation could actually strengthen oversight. "We maintain that additional controls, such as automated camera activation, would provide greater assurance that body-worn cameras meet ICE's desired results for transparency, accountability, and public trust," the GAO said. "This assurance could be particularly beneficial in situations where unexpected and unplanned incidents, unrelated to sensitive operations, result in use of force by or against personnel."
Rollout of cameras continues amid recent shootings
A DHS spokesperson said ICE has acquired devices to equip all ICE officers and agents nationwide with body cameras. "Training required to equip individual officers remains ongoing and we expect to complete this training soon," the spokesperson told The Independent.
In July, ICE announced that half of the agency's field offices had obtained body cameras and that the rest were expected to receive them within two months.
The push for expanded camera use follows a series of agent-involved shootings. At least 23 people have been shot — six of them fatally — by federal immigration agents since last year, according to The New York Times. Earlier this month, a 28-year-old man was injured when he was shot in the neck by an ICE agent during an arrest operation in Manhattan.
White House border czar Tom Homan said in July that agents will be required to use body cameras "whenever possible." Homan added: "I'm a big proponent of body cams, always have been."
Public trust in ICE remains low
ICE operations have been met with protests in communities across the United States. A July YouGov survey found that a majority of Americans have little or no confidence in the agency.
The GAO's recommendation for automatic activation remains unresolved. DHS has not indicated whether it will reconsider the guidance once the current camera training rollout is complete.