The recent release of policies for the body-worn camera program by the U.S. Department of Homeland Security has created a conflict with the federal civil rights prosecutors in Portland. These policies establish the minimum standards for the nine law enforcement agencies under Homeland Security, allowing officers to view footage before writing reports and only requiring them to disclose whether they watched any footage. However, the nine agencies have the option to develop stricter policies if they choose.
For over a year, the U.S. Department of Justice, in a settlement agreement with the city over excessive use of force against individuals with mental health issues, has insisted that Portland police officers should be prohibited from viewing body camera footage after use of force incidents prior to writing their reports. Federal prosecutors argue that preserving an officer's unbiased recollection of events is crucial in understanding their thought process when employing force.
Assistant U.S. Attorney Jared Hager emphasized this perspective during a February hearing on Portland's proposed policies, stating that capturing the officer's subjective impression before reviewing the video, writing a supplementary report, and ensuring report accuracy would safeguard the officers. Hager also noted that prohibiting pre-review would help foster trust with marginalized communities who often hold skepticism towards law enforcement.
The body camera policies for Homeland Security were formulated by the agency's Law Enforcement Coordination Council, established to review law enforcement policies and training following the agency's contentious response to the 2020 protests in Portland. Under these policies, Homeland Security officers will be required to wear body cameras during patrols, interactions with the public, pre-planned arrests, and when executing warrants. The cameras are not to be used to record protected First Amendment activities like protests or religious expressions, unless potentially unlawful activities are being addressed.
Secretary of Homeland Security Alejandro Mayorkas emphasized that implementing body-worn cameras will position the agency at the forefront of innovation and further enhance public trust and confidence in its officers. Senator Ron Wyden, D-Ore., who has been persistently pressing for answers regarding the agency's actions during the 2020 protests, praised the policies as a step toward improved accountability.
Wyden stated that the inappropriate use of force by federal agents in Portland should never recur and vowed to closely monitor the implementation of these policies while advocating for additional reforms to limit the use of force by federal agencies and protect people's civil rights and liberties.
Former President Donald Trump deployed hundreds of Department of Homeland Security officers to Portland in response to racial justice protests in 2020. The level of violence and reports of federal officers detaining protesters in unmarked vehicles far from federal buildings drew widespread attention and reignited the protest movement in the city.
Senator Wyden blocked the confirmation of President Biden's nominee to lead Customs and Border Protection for more than two months in 2021, demanding thorough answers from the federal government regarding the 2020 protests. Following a conversation with Wyden in September 2021, DHS announced the formation of the Law Enforcement Coordination Council responsible for drafting the body camera policies.
It remains uncertain if the federal pre-review policies will undergo changes. An executive order issued on May 25, 2022, regarding policing mandated the U.S. attorney general to assess the pros and cons of allowing officers to view their footage within a year. The Department of Justice did not confirm whether the study was completed as scheduled.
Wyden's spokesperson stated that the senator would closely monitor the implementation of the policies by DHS to ensure the desired accountability is achieved. As per the executive order, the attorney general is obligated to publish the assessment's findings and best practices by the end of November.
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