Commission for Independent Monitoring of Immigration Enforcement

(a) Establishment There is hereby established in the legislative branch an independent commission, to be known as the Commission for Independent Monitoring of Immigration Enforcement. (b) Purposes The purposes of the Commission are— (1) to ensure rigorous, independent oversight of immigration agencies’ compliance with applicable requirements; (2) to investigate whether immigration agencies have failed to comply with applicable requirements; and (3) to ensure public transparency of immigration enforcement operations. (c) Duties The Commission shall— (1) monitor immigration agencies during immigration enforcement activities related to arrest, detention, deportation, and surveillance operations, including by— (A) observing agents during operations; and (B) conducting on-site visits, which may be conducted without notice, provided that the Commission makes good faith efforts to provide advance notice of on-site visits and activities to immigration agencies if the Commission determines that advance notice is practicable, appropriate, and would not undermine the goals of its oversight; (2) review any information and data, including encounter documents, training materials, civil rights complaints, body camera footage, and other records, in possession of the Department of Homeland Security pertaining to immigration enforcement activities; (3) issue monthly reports to Congress that contain evaluations of immigration agencies’ compliance with applicable requirements, and make all such reports publicly accessible; (4) maintain a publicly accessible website that— (A) allows members of the public to upload complaints; (B) allows, as the Commission deems appropriate and consistent with applicable law, members of the public to view anonymized complaint information; (C) contains detailed data released by the Commission related to immigration agencies’ enforcement actions, disaggregated by geographic location; and (D) contains all reports and findings issued by the Commission; (5) promptly review complaints submitted by members of the public to inform findings; (6) if approved by a vote of at least 3 of 4 monitors— (A) issue formal findings of serious or willful violations of applicable requirements; (B) refer matters to the Department of Justice recommending prosecution under section 242 of title 18, United States Code, or to a State attorney general recommending prosecution under State law, upon findings indicating potential criminal conduct; (C) hold public hearings about potential violations of applicable requirements; (D) initiate a civil action in accordance with section 4(b) to seek enforcement of the applicable requirements; and (E) make recommendations to Congress for reforms to immigration enforcement operations and ways to strengthen immigration enforcement oversight by the Department of Homeland Security's Office of Inspector General, Office for Civil Rights and Civil Liberties, and Office of the Immigration Detention Ombudsman based on the Commission’s findings; and (7) at the request of the Chair or Ranking Member of the Committee on the Judiciary of the Senate, the Committee on Homeland Security and Governmental Affairs of the Senate, the Committee on the Judiciary of the House of Representatives, the Committee on Homeland Security of the House of Representatives, or the Committee on Oversight and Government Reform of the House of Representatives, and at least quarterly, testify to Congress on the Commission's findings and recommendations. (d) Authorities (1) Access to department of homeland security systems The Commission is entitled to access, without prior notice, in a reasonable manner that, consistent with the Commission’s responsibilities, minimizes interference with daily operations, to monitor and observe all Department of Homeland Security records, facilities and other property, trainings, meetings, incident scenes, and personnel that— (A) are relevant to immigration enforcement; and (B) the Commission reasonably considers necessary to carry out its duties. (2) Subpoena power The Commission is authorized, by a vote of at least 3 of 4 monitors, to subpoena witness testimony and all records in the possession of the Department of Homeland Security related to the Department's compliance or noncompliance with applicable requirements, in case of a violation by the Department of its obligations to ensure the Commission's access to Department systems. (3) Consultation with external experts The Commission may procure the temporary and intermittent services of external experts in accordance with section 3109(b) of title 5, United States Code, including in the process of developing its monitoring methodology, evaluation metrics, and standards for determining a serious or willful violation of applicable requirements. (4) Contracting authority The Commission may expend funds appropriated to the Commission to enter into contracts that enable the Commission to discharge its duties under this section. (5) Civil action The Commission may select attorneys to bring a civil action against an immigration agency— (A) to enforce subpoenas issued pursuant to paragraph (2) and access requirements described in section 7(a); and (B) to seek a judicial order described in section 4(b).