Durbin, Duckworth Submit Criminal Referral To DOJ Regarding Trump Officials’ Unconstitutional Immigration Enforcement Activity

Durbin, Duckworth Submit Criminal Referral To DOJ Regarding Trump Officials' Unconstitutional Immigration Enforcement Activity

The Senators notify DOJ they are gathering and preserving additional evidence of violations of Section 242 amid "Operation Midway Blitz" and other unlawful immigration raids across the country

WASHINGTON - U.S. Senate Democratic Whip Dick Durbin (D-IL), Ranking Member of the Senate Judiciary Committee, and U.S. Senator Tammy Duckworth (D-IL) today referred the unlawful actions of Trump Administration officials and federal law enforcement agents responsible for immigration enforcement in Illinois to Attorney General Pam Bondi for investigation.

The Trump Administration repeatedly appears to have violated the constitutional rights of individuals in Illinois during "Operation Midway Blitz," and the officials responsible for these violations are acting with impunity. Under 18 U.S.C. § 242, it is a federal crime for any person acting "under color of any law, statute, ordinance, regulation, or custom" to "willfully subject[] any person . . . to the deprivation of any rights, privileges, or immunities secured or protected by the Constitution or laws of the United States." Anyone who willfully violates another person's Fourth Amendment rights by engaging in warrantless arrests or use of excessive force under color of law may be held liable under Section 242. If this Administration fails to pursue charges, the statute of limitations will permit the next Administration to prosecute officials who acted unlawfully.

The Senators wrote, "We write to alert the Department of Justice to potential violations of law by federal immigration agents and senior Administration officials during implementation of President Trump's mass deportation campaign-and specifically the so-called 'Operation Midway Blitz' in Illinois. This enforcement campaign-defined by use of excessive force and warrantless arrests-has reached multiple states and is intentionally creating fear and havoc in cities such as Chicago, Los Angeles, Charlotte, New Orleans, and Minneapolis. As indicated by agency leadership, U.S. Customs and Border Protection (CBP) is working with U.S. Immigration and Customs Enforcement (ICE) in operations in more than 27 cities and looking to expand their interior operations."

The Senators continued, "During 'Operation Midway Blitz', federal immigration agents have violated the Fourth Amendment by conducting warrantless arrests and use of excessive force as they violently confront individuals, including U.S. citizens, during immigration enforcement operations. They have shoved Chicagoans, including U.S. citizens, into unmarked vehicles, tased them, punched them, launched pepper balls at them, and tear gassed and shot them."

In the letter, the Senators cite various ways federal agents appear to have violated individuals' Fourth Amendment rights. Federal agents have repeatedly and unjustifiably arrested individuals without warrants, including incidents in which agents have broken car windows as they executed such arrests. In the first six months of this Administration's immigration crackdown, there have been at least 50 documented instances of immigration agents breaking car windows, compared to eight public accounts of agents breaking windows in the previous decade. Immigration agents also have engaged in use of excessive force. Federal immigration agents have unnecessarily tackled, punched, and slammed people to the ground with such force that targeted individuals have reported broken bones and needing medical care. Video footage, eyewitness accounts, and multiple reports confirm these incidents of use of excessive force.

Federal immigration agents have unnecessarily deployed tear gas and fired pepper balls to intimidate and disperse journalists and peaceful protesters, including clergy and other community members. These chemical agents have sickened people-including children, pregnant women, and the elderly-and have created hazards for motorists. Federal immigration agents also have unjustifiably used tasers to disable individuals during "Operation Midway Blitz." In one instance, a fearful U.S. citizen tried to prevent an immigration agent from forcibly opening his car door; in response, the agent tased him in the face, requiring him to seek medical treatment at a hospital.

Senior Trump Administration officials appear to have sanctioned and even approved the persistent use of warrantless arrests and use of excessive force by federal agents involved in immigration enforcement operations in Illinois. In an October 30 deposition, Gregory Bovino, a senior U.S. Border Patrol agent responsible for Midway Blitz enforcement operations, praised federal immigration agents' use of force, stating: "The use of force that I've seen has been exemplary-the least amount of force necessary to accomplish the mission." He also stated: "If someone strays into a pepper ball, then that's on them. Don't protest and don't trespass." After departing Illinois in November, Bovino returned to Chicago earlier this week.

In the letter, the Senators cite legal challenges where courts have attempted to rein in these unlawful enforcement activities. A federal judge in the Northern District of Illinois, for example, issued a preliminary injunction that prohibits federal agents from using pepper balls, chemical agents, or other projectiles at the Broadview Processing Facility or anywhere in the Chicagoland area, absent an imminent threat to federal agents, and also prohibits "hands-on physical force," such as shoving someone to the ground, tackling or body slamming, restraint techniques such as chokeholds and neck restraints, and the indiscriminate use of chemical agents and projectiles. The judge issued the preliminary injunction, along with a lengthy opinion, after federal agents refused to comply with an initial and expanded temporary injunction in the same case. Incidents in the days that followed the preliminary injunction demonstrate that agents continued to defy the court's order.

The Senators wrote, "As you have previously noted, 'No one is above the law.' We agree, and that's why we urge the Department of Justice to set aside partisan politics and immediately investigate the potential violations of Section 242 outlined above."

The Senators concluded, "Senator Durbin has directed Senate Judiciary Committee minority staff to continue gathering evidence of potential violations of Section 242 and other federal laws, and we will provide this evidence to the Department in due course. Federal law enforcement officers participating in 'Operation Midway Blitz' and other unnecessarily aggressive immigration enforcement activities throughout the United States, as well as their leadership directing them to engage in these inappropriate enforcement actions, should be on notice that we are closely monitoring such activities and that they can be held accountable for violating individuals' constitutional rights."

A copy of the letter is available here.

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