Democrats demand ‘radical changes’ at ICE on masks, cameras and court orders

WASHINGTON (AP) — Democrats are threatening to block funding for the Department of Homeland Security when it expires unless there are “radical changes” and “real accountability” for U.S. Immigration and Customs Enforcement and other law enforcement agencies carrying out President Donald Trump’s federal immigration enforcement push in Minnesota and across the country.

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Congress is discussing potential new rules for U.S. Immigration, Customs Enforcement and Border Protection after officers shot and killed two protesters in Minneapolis in January. Senate Democratic Leader Chuck Schumer and House Democratic Leader Hakeem Jeffries reiterated their party’s demands on Wednesday, with Schumer telling reporters that Congress must “rein in ICE in very serious ways, and end the violence.”

Jeffries said Democrats are “drawing a line in the sand” as Republicans need their votes to continue funding.

The negotiations come amid some bipartisan sentiment that Congress should step in to calm tensions over enforcement that have rocked Minnesota and other states. But reaching a real agreement in such a short time will be difficult, if not “impossible,” as Senate Majority Leader John Thune said on Tuesday.

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President Donald Trump last week agreed to a Democratic request to separate funding for the Department of Homeland Security from a larger spending bill and extend it at current levels for two weeks while the two parties discuss potential requirements for federal agents. House Speaker Mike Johnson, R-Los Angeles, said this weekend that he was at the White House when Trump spoke with Schumer and that they were “on track to reach an agreement.”

But it is unclear whether the president or enough Republicans in Congress would agree to any of Democrats’ larger demands that officers remove their masks and identify themselves, obtain warrants in some cases, and work with local authorities, among other demands. Republicans have already backed down.

House GOP lawmakers are calling for some of their own priorities to be added to the Homeland Security spending bill, including legislation that would require proof of citizenship before Americans can register to vote. South Carolina Sen. Lindsey Graham and other Republican senators are pushing for restrictions on sanctuary cities, which they say do not do enough to stamp out illegal immigration. There is no clear definition of sanctuary jurisdictions, but the term is generally applied to state and local governments that limit cooperation with federal immigration authorities.

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It is also uncertain whether Democrats, angered by the Trump administration’s increasingly aggressive immigration enforcement, will be willing to compromise.

“Republicans have to get serious,” said Schumer, a Democrat from New York. Late Wednesday, he and Jeffries sent Thune and Johnson a list of “common sense solutions that protect constitutional rights and ensure responsible law enforcement.”

A look at the Democrats’ demands and what Republicans are saying about them:

Agreement on body cameras

Republicans say they are open to body-worn cameras for officers, a change that was already in the key Homeland Security spending bill. Homeland Security Secretary Kristi Noem supported that on Monday when she ordered body-worn cameras to be issued to every DHS officer on the ground in Minneapolis, including ICE employees. She said the policy will expand nationwide as funding becomes available.

The bill already appropriates $20 million to equip immigration enforcement agents with body-worn cameras.

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Gil Kerlikowski, who served as commissioner of U.S. Customs and Border Protection from 2014 to 2017, said most agents are “very supportive” of the cameras because they can help exonerate officers. But he added that complex questions remain, including when the footage should be released and when the cameras should be activated.

“When do you turn it on? And if you get in trouble and don’t turn it on, will you be disciplined? It’s really complicated,” he said.

Schumer said Tuesday that body cameras “need to stay.”

Disagreement over concealment

As videos and photos of aggressive immigration tactics and high-profile shootings spread across the country, agents covering their faces with masks have become a flashpoint. Democrats say removing masks would increase accountability. Republicans warn that this could expose customers to harassment and threats.

“State law enforcement, local people don’t do that,” said Rep. Bennie Thompson, the top Democrat on the Homeland Security Committee. “I mean, what is so special about ICE that they have to wear a mask?”

But Republicans are unlikely to agree.

“Unlike your local law enforcement, ICE agents are being targeted. We have evidence of that,” Johnson said Tuesday. He added that if “you expose them and put all their identifying information on their uniforms, it is clear that they will be targeted.”

Immigration officials are already required to identify themselves “as soon as it is practical and safe to do so,” according to federal regulations. ICE officials insist you follow these rules.

However, critics question how closely officers adhere to the regulations.

“We routinely see that doesn’t happen,” said Nithya Nathan Pino, a policy attorney at the Immigrant Legal Resource Center.

Judicial orders versus administrative orders

Democrats also called for stricter use of injunctions and an end to roving patrols of agents who target people on the streets and in their homes. Schumer said Tuesday they want “arrest warrants and an end to racial profiling.”

Most immigration arrests are made under administrative orders, which are internal documents issued by immigration authorities that authorize the arrest of a specific person but do not allow officers to forcibly enter private homes or other non-public places without their consent. Traditionally, only arrest warrants signed by judges have this power.

But an internal ICE memo obtained by The Associated Press last month allows ICE officers to use force to enter a residence based only on a narrower administrative order to arrest someone with a final order of removal, a move advocates say conflicts with Fourth Amendment protections.

Democrats have not made clear how widely they want to use injunctions. Democrats want to see “an end to the targeting of sensitive sites like houses of worship, schools and hospitals,” Jeffries said from New York.

Johnson said Tuesday that Democrats are trying to “add a whole new layer” by seeking orders signed by a judge rather than administrative orders signed by the department. “We can’t do that,” he said.

The Speaker of Parliament said that ending roving patrols is an area of ​​possible agreement, but did not provide details.

Code of conduct and greater accountability

Democrats have also called for a uniform code of conduct for all ICE and federal agents similar to that for state and local law enforcement officials.

Federal officials denied state investigators access to evidence after protester Rene Judd was shot and killed by an ICE agent on January 7. Democratic Gov. Tim Walz has called for the state to be allowed to participate, saying it would be “very difficult for Minnesotans” to accept that an investigation that excludes the state could be fair.

Hoping for a miracle

Any deal Democrats reach on DHS is unlikely to satisfy everyone in the party. Rep. Ayanna Pressley of Massachusetts said she would never support an agreement that does not require unmasking.

“I ran for Congress in 2018 to abolish ICE,” Pressley said. “My position has not changed.”

Thune, of South Dakota, has repeatedly said it is “impossible” to negotiate and pass something so complex in two weeks. He said any talks should be between Democrats and Trump.

“I don’t think that’s very realistic,” Thune said Tuesday about reaching a quick agreement. “But there are always miracles, aren’t there?”

Associated Press writer Rebecca Santana contributed to this report.