DHS unveils new body-worn camera policies for its officers, agencies

The Department of Homeland Security said it is adopting a new body-worn camera policy for all nine law enforcement agencies including the U.S. Secret Service, Customs and Border Protection, the U.S. Immigration and Customs Enforcement (ICE) and the Federal Protective Service.

The new policy announced on Tuesday will require law enforcement agents to wear body cameras when responding to emergency calls, during pre-planned arrests and when executing search warrants or orders. The department-wide order also said agents are not permitted to wear body cameras "for the sole purpose of recording individuals engaged in First Amendment activity."

The policy comes nearly a year after President Joe Biden signed an executive order requiring law enforcement agencies to review their use of force policies as part of the fallout from George Floyd's death by a Minneapolis police officer, sparking international outrage.

The new policy also arrives as the Customs and Border Protection recently released body-worn camera footage of Border Patrol agents fatally shooting a man, a U.S. Citizen, who allegedly drove through a border patrol checkpoint in Las Cruces, New Mexico. The agency said the driver led them on a chase with his SUV and by foot on April 2 and that the driver repeatedly refused to comply with the agents' requests to surrender, later hitting one agent with a wooden club before the agents shot him 16 times.

The American Civil Liberties Union (ACLU) of New Mexico had called for an investigation and the release of the agents' video to "allow the public to see for themselves the events leading up to this shooting." 

DHS policy built on public trust, 'accountability and transparency'

Secretary of Homeland Security Alejandro Mayorkas signed the policy on Monday detailing when officers should wear body-worn cameras. In a statement, Mayorkas said the ability to protect the country rests on public trust, that's "built through accountability, transparency, and effectiveness," in its practices.

"Requiring the use of body-worn cameras by our law enforcement officers and agents is another important step DHS is making to bring our law enforcement workforce to the forefront of innovation, and to further build public trust and confidence in the thousands of dedicated and professional law enforcement officers at DHS," Mayorkas said.

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Each Homeland Security agency must develop its own body camera policies

The new Homeland Security mandate says each agency with law enforcement officers must create or update its agency-specific body-worn camera policy that meets or exceeds the standards outlined within the next 180 days.

"Agency policies shall include the responsibilities for LEOs (law enforcement officers) to carry operate, maintain, and secure BWC (body-worn camera) equipment, including when to activate and deactivate the BWCs," the policy states. "Agency policies shall identify specialized or sensitive investigative techniques or equipment that may require different treatment under the BWC policy."

The policy takes its cue nearly a year after Biden signed the Executive Order to Advance Effective, Accountable Policing and Strengthen Public Safety on the two-year anniversary of the murder of George Floyd. The executive order required law enforcement agencies to review their use of force policies. 

"It's long overdue," Robert Griffin, dean of the College of Emergency Preparedness, Homeland Security and Cybersecurity at the University of Albany, told USA TODAY about the policy on Tuesday. "A camera can become the great equalizer between what an officer says and what people interacting with them say.

"(A camera) is a third party that can verify what actions were taken," said Griffin who previously served in an acting under-secretary role in the Homeland Security department. "It's good for our society, our law enforcement and our system of justice."

Prior to Tuesday's announcement, many DHS agencies have issued body-worn camera policies within the past two years.

The Customs and Border Protection issued around 6,000 body-worn cameras in its department in August 2021. Meanwhile, ICE ran a body-worn camera pilot program in November 2021 and the Secret Service established its specific body camera policy in September 2022.

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