Durbin Lays Out Senate Democrats’ Demands To Rein In ICE

Durbin Lays Out Senate Democrats' Demands To Rein In ICE

Durbin: "The American people support orderly immigration enforcement that removes violent criminals from our streets. But how we do it matters. The indiscriminate and violent round-up of American citizens, legal residents, and people with no criminal record erodes civil liberties and threatens the rule of law. The American people have seen this play out with their own eyes, and they've had enough."

WASHINGTON - In a speech on the Senate floor, U.S. Senate Democratic Whip Dick Durbin (D-IL), Ranking Member of the Senate Judiciary Committee and a member of the Senate Appropriations Committee, urged his Republican colleagues to join Democrats to pass common sense reforms to rein in President Trump's immigration enforcement operations. On Friday, the Senate passed five bipartisan government funding bills and a two-week stop gap funding measure for the U.S. Department of Homeland Security (DHS) while Democrats negotiate with the White House and Republicans on legislative solutions to restore order and public safety. Durbin began his remarks by condemning the killings of Alex Pretti and Renee Good by federal immigration agents in Minneapolis.

"Renee Good and Alex Pretti should still be with us today… the President said he is going after the 'worst of the worst' and instead, two people in Minneapolis lost their lives. Were they the 'worst of the worst?' Renee Good, a mother of three, and Alex Pretti, a nurse at the VA hospital in Minneapolis? [They were both] American citizens. Neither one of them fit the categories the President railed against during his rallies," said Durbin.

"Instead, these two innocent people were taken from their families and their communities far too soon, in instances of senseless violence at the hands of the United States government. Donald Trump's immigration enforcement operations have not restored so-called 'law-and-order' that he promised and have not targeted 'the worst of the worst'-they've done the exact opposite. In every place DHS's roving squads have descended-whether Chicago, Minneapolis, or any other city-they have brought chaos, disorder, and fear. These operations have created a public safety crisis, with families terrified to leave their homes-I've seen it firsthand in Chicago… Parents and school administrators are struggling to explain ICE attacks to children, and Americans [are] desperately trying to protect their neighbors," Durbin said.

"The American people support orderly immigration enforcement that removes violent criminals from our streets. But how we do it matters. The indiscriminate and violent round-up of American citizens, legal residents, and people with no criminal record erodes civil liberties and threatens the rule of law. The American people have seen this play out with their own eyes, and they've had enough," Durbin continued.

Last week, Senate Democrats laid out their proposals to reform federal immigration enforcement agencies, including U.S. Immigration and Customs Enforcement (ICE) and U.S. Customs and Border Protection (CBP). As part of those negotiations, Democrats are demanding the following common sense measures: first, federal immigration agents need to remove masks, turn on their body cameras, and wear visible, clear identification. Second, Democrats want to end the roving patrols. This is a nation of laws guided by the Constitution that everyone-including ICE-must abide by. This means that federal immigration officials must stop racial profiling and end random arrests; and agents must obtain a judicial warrant signed by a neutral judge-not an administrative warrant-to enter private property. They also cannot detain Americans for hours or use excessive force against them just for peacefully protesting in support of their neighbors and friends. Third, Democrats are demanding accountability. ICE and Border Patrol squads cannot indiscriminately smash in car windows, use tear gas on protestors, and shoot at people without any accountability.

"A uniform code of conduct will rein in aggressive and excessive immigration enforcement, bring about accountability, and hopefully begin the long process of restoring trust. And when immigration agents fail to follow that code of conduct, the Department of Homeland Security must coordinate with state and local officials to conduct a fair and independent investigation," Durbin continued.

Durbin said, "As these negotiations continue to play out, I will continue to do my part to hold this Administration accountable. After I asked Secretary Noem of the Department of Homeland Security to appear before the Senate Judiciary Committee all last year, she refused. Now she says she just might be available in four weeks… She has a lot of explaining to do [and] we should hold her to account for it-both Democrats and Republicans."

Durbin also noted that his office will continue to document and report any-and-all instances of excessive force and abuse at the hands of immigration agents in Chicago and elsewhere. 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.

"One day, the Trump presidency will end. The statute of limitations for these crimes, however, will extend beyond that date," Durbin concluded, "The Department of Justice-free from its weaponized quest of retribution against Trump's perceived enemies-will have all the information it needs to pursue criminal charges against government officials who are actually violating people's rights. In the meantime, my colleagues and I will continue to shine a light on these abuses, uphold the tenets of basic human decency, and defend the rule of law. And I urge my Republican colleagues to swiftly agree to these Democratic reforms [to the] DHS funding [bill] so that we may actually put a check on this national terror campaign."

Video of Durbin's remarks on the Senate floor is available here.

Audio of Durbin's remarks on the Senate floor is available here.

Footage of Durbin's remarks on the Senate floor is available here for TV Stations.

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