Warren, Coons Introduce ICE Accountability Act, Establishing Strongest Federal Watchdog to Enforce Reforms and Stop ICE Violence

Warren, Coons Introduce ICE Accountability Act, Establishing Strongest Federal Watchdog to Enforce Reforms and Stop ICE Violence

New bill would create independent monitoring body; require public reporting; allow monitors to pursue enforcement, including court-ordered remedies and criminal referrals

Text of Bill (PDF) | Bill One-Pager (PDF)

Washington, D.C. - U.S. Senators Elizabeth Warren (D-Mass.) and Chris Coons (D-Del.) today introduced the ICE Accountability Act, a new bill that would create a new independent watchdog to enforce necessary reforms of Immigration and Customs Enforcement (ICE) and Customs and Border Protection (CBP) and rein in the agencies' lawless actions. If established, the new independent watchdog would be the strongest of any federal oversight body.

"After the Trump administration's immigration agents shot and killed U.S. citizens, the American people are demanding accountability. This new bill will create the toughest independent watchdog to immediately rein in ICE's terror and report directly to Congress," said Senator Warren. "The Senate must act now to stop ICE's violence, and any new constraints on DHS funding must have serious teeth like this new independent monitor to enforce the law."

"Like so many Americans, I've watched in horror as masked agents terrorize Minnesota and communities across the country and kill peaceful protestors. Delawareans rightly want reforms, and so do I, but reforms are meaningless without oversight and enforcement," said Senator Coons, co-Chair of the Senate Law Enforcement Caucus. "By creating a strong, independent commission to oversee ICE and CBP, our bill is the next step towards ensuring American immigration enforcement abides by the laws and values of our country. As we've seen in communities nationwide, independent oversight commissions for law enforcement work, and it's just commonsense that those enforcing our immigration laws should meet the same standards."

Under President Donald Trump, masked ICE and CBP agents are killing American citizens, using tear gas on children, stopping people on the streets based on their race, and breaking down the front doors of homes with no judicial warrant. Senator Warren has made clear she will not support giving one more penny to ICE while the agency is terrorizing people all around the country, and Democrats in Congress are insisting on major reforms to stop ICE's abuses. Rapid, independent oversight and enforcement are necessary to ensure ICE fully complies with any new requirements that Democrats secure in ongoing negotiations to rein in the rogue agency.

Currently, no watchdog overseeing the Department of Homeland Security (DHS), where ICE and CBP are housed, operates with full independence from President Trump and with the speed and enforcement authority necessary to meet the moment. The ICE Accountability Act would establish a new independent monitor to ensure any and all new requirements negotiated by Congress - as well as other requirements mandated by federal law - are actually implemented and enforced.

The ICE Accountability Act would stop ICE's abuses by:

• Establishing an ICE/CBP monitoring commission that sits in the legislative branch, reports directly to Congress, and is fully independent of the President and Executive Branch. An Executive Director of the commission would lead staff to conduct daily monitoring of ICE activities, and monitors jointly selected by majority and minority leadership in Congress would vote on formal findings.

• Giving the watchdog "golden key" access to DHS's immigration operations, including the ability to conduct on-the-ground monitoring through ride-alongs with agents and visits to detention facilities; review body camera footage, citizen complaints, and other DHS documentation; and issue subpoenas if DHS stonewalls the monitors.

• Requiring prompt public reporting to maximize transparency, with the monitor issuing monthly reports, holding public hearings, and maintaining a public website that contains reports, data on ICE/CBP operations, civilian complaint information, and recommended reforms.

• Allowing monitors to pursue enforcement upon finding serious or willful violations by seeking court-ordered remedies and referring criminal matters to prosecutors.

• Creating an earned path to compliance by sunsetting the commission if, after a minimum of four years, the agencies demonstrate sustained compliance with applicable requirements.

Similar enforcement mechanisms have garnered success in cities across the country, including in Chicago, Baltimore, and Cleveland. Congress has the opportunity to draw on local best practices for empowering independent monitors to ensure law enforcement complies with negotiated reforms.

The bill is endorsed by: American Immigration Council (AIC), The National Immigration Law Center (NILC), Human Rights First (HRF), the Project On Government Oversight (POGO), and American Immigration Lawyers Association.

"After the tragic events in Minneapolis, the American public no longer trusts the Department of Homeland Security to police itself. This comes after the Trump administration gutted internal accountability at DHS and fought to prevent Congress from exercising its own oversight powers. That's why we support an independent commission with a mandate to investigate misconduct, inform the public about serious violations of law and policy, and real power to make sure our government is following the law," said Nayna Gupta, Policy Director at the American Immigration Council.

"Multiplying civil rights abuses by DHS immigration enforcement agents are an affront to American values and the rule of law," said Margo Schlanger, University of Michigan law professor and former head of DHS's Office for Civil Rights and Civil Liberties. "The ICE Accountability Act would allow Congress and the public to keep strict watch, documenting and deterring misconduct. We need this reform."

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