ICE says it plans to deploy body cameras to agents by the end of this month. But whether the public will actually see the footage is another question.
As the AP reports, ICE’s policy, issued in February 2025, says the agency will expeditiously review body camera footage in the event of serious harm of deaths in custody, and could release it within 72 hours — but only if it's determined that it’s “in the best interests of the agency” to do so.
Katherine Hawkins, a senior legal analyst with the watchdog Project on Government Oversight, says not only is there a question of whether the public has access to the footage.
“What there is now this year is whether state and local law enforcement agents who are trying to investigate any use-of-force or homicide get access to the footage,” she said.
Hawkins says that’s already been an issue — like after two fatal shootings in Minneapolis earlier this year, when state and local investigators struggled to get access to evidence and body camera footage.
The footage from Border Patrol agents who shot Alex Pretti, one of the two U.S. citizens killed in Minneapolis, has still not been released.
Hawkins says a policy where footage release is left up to agency heads isn’t an effective accountability measure.
According to the February 2025 policy, footage is to be reviewed by a committee of ICE officials and attorneys, who will make a recommendation about whether to release it. Footage that is not recommended for expedited release could be delayed indefinitely.
“If there are specific and compelling circumstances justifying an objection to public release that cannot be resolved by redaction or other means, when determined by the ICE Director or his or her designee, ICE may withhold or indefinitely delay the release of the BWC footage,” the policy reads.
“Obviously, if they’re deploying body cameras but they’re only going to release selectively edited propaganda footage, that’s not helpful,” she said. “And that can distort investigations.”
In an emailed statement to questions, Acting ICE Director David J. Venturella spokesperson refuted the AP report and said ICE policy permits expedited release of footage when it’s “appropriate.”
“ICE policy permits expedited release when appropriate — and clarifies that it’s not appropriate to release footage when doing so could compromise investigations or privacy,” Venturella said. “This approach mirrors other federal law enforcement agencies’ policies and is fully consistent with the Freedom of Information Act and the Privacy Act.”
Venturella said the AP report conflates the agency’s “expedited release of footage following a serious bodily injury or death in custody with ICE’s broader authority to release body-worn camera footage.”
He did not respond to a request for a copy of the policy with the agency’s rules that he references.
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