A large and diverse crowd packed a community center on Milwaukee’s  south side Thursday, calling for the release of Salah Sarsour, president of the Islamic Society of Milwaukee. Sarsour, who is of Palestinian descent, was detained by federal immigration agents Monday morning. His supporters are calling Sarsour’s arrest an targeted act of political retaliation designed to chill opposition to the Israeli government and support for the Palestinian people.

“This is a man who came to the United States and kind of lived the American dream,” Othman Atta, executive director of the Islamic Society of Milwaukee, told the audience of community members, press, activists, and local elected officials. “And they are trying to tarnish his image. They’re trying to target him.”

A green card holder and lawful permanent resident, Sarsour has lived in the United States for over 30 years. “The U.S. government fully vetted his visa application at that time,” Kathryn Brady, head of the Muslim Legal Fund of America’s Immigration Litigation Department, said in a statement Wednesday. Brady said that it’s difficult to believe that the federal government’s “position now is not rooted in a violation of his First Amendment right to speak about the suffering of Palestinians in Gaza and the West Bank.”

Atta said that on Monday Sarsour stopped at an old warehouse on Milwaukee’s south side which he owned because mail kept arriving there. As he left, a car came on the wrong side of the street “flying toward him,” said Atta, forcing Sarsour to jump out of the way. The unmarked car stopped and a person allegedly in civilian clothes pointed a gun at Sarsour and asked who he was by name. 

Atta said 12 vehicles were involved in the arrest, and Sarsour was loaded into a van before being told he was being taken by federal immigration officers. 

Atta said that the story was relayed to Sarsour’s attorney Munjed Ahmad during a phone call in which Sarsour declared that he was a lion and willing to fight. Sarsour was transported to the Broadview Detention Center in Illinois before being quickly transferred to another facility in Indiana, Atta said.  

“This is America,” said Atta. “This is Trump’s America.” 

He described Sarsour as a husband, father, grandfather, and a successful business owner who has no criminal record or convictions. 

“According to the papers that were filed in immigration court, they went back to when he was a minor — a teenager — in the West Bank under Israeli occupation,” said Atta. 

When he was a teenager, Sarsour was arrested and detained by the Israeli police. “He served two years,” said Atta. “Many of you who know him know that his passion for Palestine, his passion for justice, was based on the experience he had and that his family and friends had. He would talk to us many times how for 80 straight days, he was interrogated, and brutalized, and tortured while he was in Israeli military custody.” 

Palestinians living both in the West Bank and the region of Gaza, which has suffered catastrophic damage and where tens of thousands of people have been killed during attacks by the Israeli government in the last two and a half years, have reported similar abuse. 

In 2024, the United Nations found that due process rights for Palestinians had been violated in the West Bank for nearly 60 years. Last year, charges were dropped against five Israeli soldiers accused of beating and sexually abusing a Palestinian prisoner in an assault that was captured in a video. A top legal official in the Israeli military admitted to approving the video’s release in an effort to show the world how the over 9,000 Palestinians detained by Israel are treated, the Associated Press reported. 

Al Jazeera reported that the bodies of Palestinians released as part of a ceasefire deal between Israel and militant factions of Hamas exhibited signs of torture including restraints and injuries still evident on the dead. 

The Department of Homeland Security (DHS) said in a statement Thursday that Sarsour was convicted of throwing Molotov cocktails at the homes of Israeli armed forces.” In the statement, which repeatedly called Sarsour a “terrorist” and an “illegal alien from Jordan,” DHS charged that he “lied” on his green card application to enter the country in 1993 during the Clinton administration, and that his first attempts to apply for an immigrant visa at the American consulate in Jerusalem were rebuffed because of those allegations and others of “illegally attempting to possess” weapons and ammunition. 

Atta and Sarsour’s supportive community urged onlookers Thursday not to forget the reports about Israel’s treatment of Palestinians. 

Atta said that Sarsour was again detained by the Israeli government after returning in 1995, which is where the weapons allegations came from, and that the written charges were in Hebrew, “which he doesn’t read or understand.”

Sarsour’s son, Kareem, was joined by other members of his family Thursday. Over the last two days, the family has been “bombarded” with “thousands of messages from all the people who knew him saying what he meant to them as a father-figure, as a role model, as a beloved community member, it just tells you who he was,” said Kareem Sarsour. Kareem described his father as “always giving” and said that Sarsour had tried to give his children everything he couldn’t have when he lived in the West Bank. 

The crowd that assembled to support Sarsour and his family included many Muslim residents, local activists, and elected officials, with Milwaukee County Executive David Crowley and  Mayor Cavalier Johnson in the front row, and further back, Alds. JoCasta Zamarripa and Alex Brower. Christine Neumann-Oriz, executive director of Voces de la Frontera, was in the audience, and speakers from Jewish Voice for Peace joined Muslim and Christian faith leaders in denouncing Sarsour’s detention and calling for his release.

A flurry of Wisconsin lawmakers and local officials have condemned Sarsour’s arrest. Sen. Chris Larson (D-Milwaukee) said in a statement that the federal government was “increasingly fascist”  and called Sarsour “a vocal advocate for a free and independent Palestinian State.” 

“We have already seen numerous Muslim activists unfairly and unlawfully targeted by the Trump Administration for their beliefs and their speech,” Larson wrote. “These Unconstitutional assaults on our freedoms should alarm all of us. When any individual or group is targeted by the government for their speech, all of our freedoms are threatened.” 

Congresswoman Gwen Moore called Sarsour’s detention “completely unacceptable.” “Salah Sarsour is a respected leader in the Milwaukee community, and his detention raises serious concerns about the continued targeting of lawful residents based on the color of their skin or their political beliefs,” she said.

Rep. Ryan Clancy (D-Milwaukee) charged that Sarsour’s detention was an attack on free speech. “Until free expression and free speech are protected, not treated as a privilege of the Trump Administration’s loudest supporters, this openly fascist government should be neither trusted nor obeyed,” Clancy said in a statement. “We must abolish ICE and hold those responsible for these repeated acts of state violence accountable.” 

Statements supporting Sarsour were also put out by the Council on American-Islamic Relations, the Mandela Barnes for governor campaign, and the Milwaukee Area Labor Council Immigrant Rights Committee. 

Ahmad said that he’s “shocked” at how many communications he’s received from attorneys around the country on Sarsour’s case. “We have assembled a very capable legal team, that legal team continues to grow,” said Ahmad, declaring that they will work to free Sarsour. A hearing is scheduled on April 18. 

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President Donald Trump signed a sweeping executive order on Tuesday that attempts to restrict mail-in voting, a White House priority certain to face significant legal challenges.

The order directs the U.S. Department of Homeland Security along with the Social Security Administration to compile a list of voting-age American citizens in each state and share it with state election officials. The order also requires the U.S. Postal Service to only send and receive ballots that include tracking barcodes.

Trump’s order represents a major escalation in his effort to assert presidential control over elections, which under the U.S. Constitution are administered by the states. Trump last year attempted to unilaterally impose a proof of citizenship requirement to vote in federal elections in an executive order that was blocked in federal court.

The move also reflects a long-held focus by Trump and his allies on noncitizen voters. Studies have shown noncitizen voting is extremely rare.

“I think this will help a lot with elections,” Trump said.

National database of adult citizens

Homeland Security operates the SAVE system, a powerful computer program that can verify citizenship. 

DHS has previously invited states to run their voter rolls through SAVE, which flags voters as potential noncitizens. Some election officials criticize the system, saying it wrongly identifies U.S. citizens as possibly ineligible.

The U.S. Department of Justice as recently as last week denied any efforts to create a national voter registration list. While the executive order does not explicitly mandate the creation of a voter list, it essentially marks an effort by the White House to create a national database of adult U.S. citizens.

The order requires Homeland Security to enable states to routinely supplement or suggest changes to each state’s citizenship list. Federal officials would also be required to allow individuals to access their own records and update or correct them ahead of elections.

Under the executive order, the postmaster general must propose rules to require all outbound ballot mail to be sent in an envelope that includes a barcode for tracking. The order also requires that states must inform the U.S. Postal Service at least 90 days before federal elections whether they intend to allow ballots to be sent through the mail.

“Instead of focusing on lowering the cost of energy, groceries, and health care, Donald Trump is desperately attempting to take over and rig our elections and avoid accountability in November,” U.S. Sen. Alex Padilla, a California Democrat, said in a statement shortly after Trump announced the order. “This executive order is a blatant, unconstitutional abuse of power.”

SAVE America Act

Trump has pushed Congress to pass the SAVE America Act, which would require individuals to produce documents, such as a passport or birth certificate, proving their citizenship in order to register to vote. The U.S. Senate is debating the bill, but it appears unlikely to have enough support to overcome a filibuster.

Trump has repeatedly asked Republicans to add three provisions to the bill, including restrictions on mail-in voting, with exceptions for members of the military, people who are ill and those on vacation. 

The president has also previously promised to advance voting restrictions, with or without Congress. Earlier this month, Trump voted by mail in Florida.

The executive order directs the Justice Department and other federal agencies to withhold federal funds from non-compliant states and localities “where such withholding is authorized by law.” 

Tuesday’s order is certain to face legal challenges. The Constitution gives Congress — not the president by executive order — the power to override state election regulations.

Marc Elias, a prominent voting rights litigator, promised to fight the executive order.

“If Trump signs an unconstitutional Executive Order to take over voting, we will sue,” Elias wrote on social media. “I don’t bluff and I usually win.”

Republican National Committee Chairman Joe Gruters praised the order, saying Trump was restoring voter confidence. “Protecting America’s ballot box isn’t optional – it’s the foundation of our republic,” Grunters said.

DOJ lawsuits against states

The Justice Department has sued 29 states and the District of Columbia for copies of their voter rolls that contain sensitive personal information on voters, such as driver’s licenses and partial Social Security numbers. About a dozen states have voluntarily provided the data, but most are fighting the demands in court.

Three federal judges have so far ruled against the Justice Department. The administration is appealing and in court documents has argued that swift court decisions are necessary to ensure the security and fairness of the midterms.

The Trump administration has said the data is necessary to verify only citizens are registered to vote. Last week, a Justice Department lawyer confirmed in court that voter data would be shared with Homeland Security.

“Some may freak out about this, but honestly, this is hilarious,” David Becker, executive director of the nonpartisan Center for Election Innovation & Research and a former U.S. Department of Justice Voting Section attorney, wrote on social media about the Trump order. 

“It’s clearly unconstitutional, will be blocked immediately, and the only thing it will accomplish is to make liberal lawyers wealthier. He might as well sign an EO banning gravity.”

Jennifer Shutt contributed to this report.

Mukta Joshi, an investigative reporter at Mississippi Today, is a New York Times Local Investigations fellow examining the ICE detention facility at Adams County Correctional Center. States Newsroom is partnering with Mississippi Today and The New York Times on this project. Mukta can be reached at mukta.joshi@nytimes.com. You can read the entire series here.

The Adams County Correctional Center, one of more than 200 ICE detention facilities in the U.S., is located near the city of Natchez on a sprawling 14-acre site in southwestern Mississippi.

The facility, which holds more than 2,000 people, is a significant economic driver in a county of fewer than 30,000 residents. CoreCivic employs approximately 400 people there, making it one of the largest employers in Adams County. Natchez Mayor Dan Gibson said CoreCivic is the county’s single largest taxpayer.

The federal government sets strict limits on who can visit Immigration and Custom Enforcement detention centers. And nearly all of them are run by for-profit companies, making the details of their operation private and difficult to monitor. 

So far, this is what we know.

Who owns it?

The Adams facility is privately owned and operated by CoreCivic Inc., a publicly traded company based in Tennessee. 

One of the largest private prison companies in the country, it disclosed in its most recent financial filings that it owns or controls about 57% of all privately owned prison beds in the U.S. 

The company, which reported $2.2 billion in revenue last year, has benefited financially from the Trump administration’s push to arrest immigrants. From 2024 to 2025, revenue increased by nearly $200 million thanks largely to an increase in ICE detentions, according to the company’s latest annual report.

Over the past few years, CoreCivic, its employees and PACs have poured millions of dollars into political donations and lobbying. In the 2024 election cycle, 84% of these donations went to Republican candidates. In the same cycle, CoreCivic spent more than $1.7 million lobbying, according to OpenSecrets. The previous year, it spent more than $1.6 million.

The Adams County facility is one of two ICE facilities operated by CoreCivic in the state. A second CoreCivic facility in Tutwiler, in northern Mississippi, was authorized last year to start housing ICE detainees.

What kinds of people are detained there? 

The Adams facility is a men’s facility. Most of its detainees are not from Mississippi. They were picked up by ICE agents somewhere else and are being held here until they decide to leave the country, or until an immigration judge deports them or sets them free.

Being in the U.S. without proper documentation is a civil infraction, like a speeding ticket – not a criminal violation. This fact has contributed to controversy about prison-like conditions that people detained by ICE are experiencing.

Only 9% of people in the Adams center have any sort of criminal conviction. But even those with criminal records are being held for civil immigration infractions, not as punishment. 

In addition to men, the facility currently houses a small number of transgender women. Following President Trump’s 2025 executive order, transgender people are required to be incarcerated in facilities that align with their gender assigned at birth, regardless of their legal status.

How long are detainees held?

In early 2025, then-warden Jason Streeval was quoted by the Natchez Democrat as saying that the average stay in the facility was about 60 days but had been getting longer. He told the newspaper that some detainees had been there for as long as seven months. 

Has the facility ever been the subject of controversy? 

The Adams facility made headlines in 2012, when an inmate protest against poor conditions snowballed into a riot that resulted in the killing of a guard. The FBI opened an investigation, leading to a number of inmates being charged and ultimately sentenced for participating in the riot. In the wake of the riot, U.S. Rep. Bennie Thompson called for an investigation into CoreCivic, then operating as Corrections Corporation of America.

One section of the facility, known as the “Zulu” unit, contains solitary confinement cells, where detainees are housed as punishment. In 2020, two nonprofit groups submitted a written complaint to ICE and the Department of Homeland Security alleging that immigrants from Cameroon had been tortured by ICE officers in that ward and forced to sign deportation documents. A year later, the complaint was still unresolved, according to the Center for Constitutional Rights. A representative for ICE did not respond to an inquiry about the current status of the complaint.

In 2021, an inspection by DHS found that Adams generally had provided sufficient medical care but identified one case in which the medical unit examined a sick detainee but did not send the person to the hospital. The detainee died. 

DHS also found that Adams didn’t meet other federal standards. Among the cited failures: It did not respond to grievances in a timely manner, it inadequately implemented COVID-19 safety protocols and it failed to assist vulnerable detainees. The ACLU called for the facility to be shut down.

What’s life like inside? 

The facility is divided into units, each holding about 140 people who share eight toilets and 15 showers, according to detainees interviewed by Mississippi Today. While inside, detainees can work if they choose, helping to clean, run the kitchen or do laundry. Several people held at the center said they were paid about $3.50 per day for their work.

Detainees are generally restricted to their own unit, where they can move about freely. One detainee said he was allowed to visit a secure outdoor area once every four or five days.

Several detainees described harsh conditions, but said that they had spent time in other facilities that were far dirtier and more restrictive. 

We don’t know much beyond that, especially about what the detention center looks like inside. A detainee who can afford the fees can send messages and make video calls from inside. They can’t send photos or attachments. And the communication app blurs their background and obscures the video completely if the camera is aimed away from the detainee’s face during a call.

How much does it cost to run? 

The contract to run this facility, like most other ICE detention centers, is an “Intragovernmental Service Agreement” between ICE, CoreCivic and Adams County. The 2019 agreement shows that ICE had agreed to pay a $3.9 million monthly flat rate for the facility, an amount set to increase every year. There have since been changes to this contract, but they were not immediately accessible. 

When we requested an interview with the warden and assistant warden, a spokesperson for CoreCivic redirected us to the company’s public affairs office and requested us to send our questions in writing. 

Over the next few months, we plan to publish weekly dispatches about the facility and about ICE detention in Mississippi and do our best to address these unanswered questions. You’ll be able to find my reporting on the Mississippi Today website, on our social media channels and in our Friday newsletter. And you can follow me on X @mukta_jo.

In the meantime, please fill out our survey. If you know something about the detention center, if you know someone who works there or is detained there, or want me to find out something about it for readers, please get in touch.

Clarification 3/27/26: This story has been updated to clarify the types of detainees held in the Adams County Correctional Center.

The U.S. Department of Justice confirmed in court Thursday that it is sharing sensitive voter data with the Department of Homeland Security in a search for noncitizen voters. But a DOJ lawyer denied the department is building a national voter database.

The Justice Department has demanded states provide full copies of their voter lists, including sensitive personal information, such as driver’s license and partial Social Security numbers. It has sued 29 states and the District of Columbia for refusing to turn over the data. At least a dozen other states have provided their lists.

During a hearing in the Justice Department’s lawsuit seeking Rhode Island’s voter data, DOJ attorney Eric Neff said the information would be shared with Homeland Security. U.S. District Court Judge Mary McElroy had asked whether the Justice Department could send the list to Homeland Security with instructions to search for noncitizens.

“Yes, and we intend to do so,” Neff said.

He added that the Justice Department and Homeland Security already have a “use agreement” in place for such sharing.

Three federal judges have so far rejected the Justice Department’s demands for state voter data, and no judge has sided with the department. DOJ has appealed those decisions and oral arguments are scheduled for later this spring after the Trump administration pushed for quick decisions ahead of the midterm elections.

The Justice Department has said it needs the voter data to determine whether states are complying with federal voting rights laws that require states to regularly update and clean their lists. The department has voiced particular determination to root out non-citizen voting, which is extremely rare.

In September, Homeland Security told Stateline in an unsigned statement that the Justice Department was sharing voter data with the agency in a collaborative effort.

But Neff’s courtroom statement on Thursday appeared to mark the first on-record acknowledgment of the data sharing. CBS News also reported on Thursday that the two agencies were nearing a final agreement on sharing voter data for immigration and criminal investigations.

The Justice Department and Homeland Security didn’t respond to requests for comment from Stateline.

In recent weeks, a Justice Department lawyer sidestepped a question about whether voter data would be used for immigration purposes. On March 3 during a hearing in a lawsuit over Minnesota’s voter roll, U.S. District Court Judge Katherine Menendez asked DOJ lawyer James Tucker whether there was intention to use the data for immigration enforcement.

“Not to my knowledge, no, your honor, not with the data we are getting,” Tucker said, according to a transcript. But he added that some federal prosecutors were working with Homeland Security.

During a federal court hearing in Maine on Thursday, Tucker said the Justice Department was not creating a national voter database. At the same time, he didn’t rule out voter data being checked against federal databases.

“Again, that’s something that’s been routine the United States has done in the past,” Tucker said.

Since President Donald Trump took office last year, Homeland Security has refashioned an online program previously used to verify whether immigrants qualified for government benefits into a tool that can verify U.S. citizenship. Called SAVE, the program is capable of checking millions of voters against federal databases for citizenship information.

DHS has encouraged states to run their voter lists through the program. Some Democratic state election officials have expressed concerns about the program and point to instances where SAVE has wrongly flagged a voter as a potential noncitizen.

“They are initiating litigation in states all around the country, seeking the same information in sort of this cookie-cutter way,” Jonathan Bolton, an attorney in the Maine Attorney General’s Office, said during Thursday’s federal court hearing in Maine.

“Which suggests that the purpose is not to investigate specific concerns about specific states, but it is to compile this sort of national voter registration database,” Bolton said.

Bolton was representing Maine Democratic Secretary of State Shenna Bellows in the Justice Department’s lawsuit for Maine’s voter roll.

Rhode Island Current reporter Alexander Castro contributed reporting. Stateline reporter Jonathan Shorman can be reached at jshorman@stateline.org.

WASHINGTON — Senate Democratic leaders on Thursday were reading through a new Republican offer to fund the Department of Homeland Security that could end the shutdown that began nearly six weeks ago, with a congressional recess set to begin.

Senate Majority Leader John Thune, R-S.D., said in the afternoon that Democrats hadn’t “responded officially” to a proposal GOP negotiators sent over in the morning but that discussions were ongoing. He described it as the “last and final” offer.

“There are some language requests that they made that we did everything we could to accommodate,” he said. 

Delaware Democratic Sen. Chris Coons said “it’s a good sign that there is paper going back and forth,” though he said the two political parties are still somewhat far apart.

“I think there’s a lot of sense of urgency around getting TSA funded,” he said, referring to the Transportation Security Administration and long wait times at some of the nation’s airports. Some unpaid TSA officers are calling out sick, causing jams in security lines.

“But frankly, we’re not that far from where we’ve been for weeks, which is, Democrats want real reforms to ICE and CBP and are resistant to funding them without reforms, and Republicans would like us to fund them without reforms beyond what Secretary Noem committed to,” Coons said, referring to the Immigration and Customs Enforcement and Customs and Border Protection agencies.

Some Republican senators, he said, view the confirmation of former Oklahoma Republican Sen. Markwayne Mullin earlier this week as a form of compromise on DHS’ immigration enforcement activities. Mullin replaced the former secretary, Kristi Noem.

That, however, isn’t enough for Democrats.

“My Republican friends on this topic have said, ‘Hey, Secretary Mullin in his confirmation committed to A, B, C, D,’” Coons said. “And that’s a far cry from, ‘We’ll put it in statute or we have promulgated this in regulation.’ So that’s some of the problems. I think they feel like they’ve already offered key reforms in Secretary Mullin’s confirmation. And at least the senators that I’ve talked to don’t think that’s enough.”

Virginia Democratic Sen. Mark Warner said there is “a conundrum” over how to provide more funding for Customs and Border Protection “without some agreement that they need to go back to their statutory role, not doing interior enforcement.”

Senate Minority Leader Chuck Schumer, D-N.Y., had not commented publicly on the latest Republican offer as of late afternoon. 

Trump vows ‘very drastic measures’

President Donald Trump said during a morning Cabinet meeting at the White House that he wants to see a deal to fund DHS soon, but didn’t disclose any details of the latest offer.  

“They need to end the shutdown immediately, or we’ll have to take some very drastic measures,” he said, opting not to elaborate on what he meant. 

Thune said he’d leave the White House to speak for Trump on whether he supports the latest Republican DHS funding offer but added that administration staff have “been involved in the back-and-forth that has occurred overnight and all morning.”

“It’s never done until it’s done,” he said. 

Timing on a deal to fund DHS is somewhat important, with the House scheduled to depart Friday for a two-week spring break that their Senate colleagues are supposed to leave for as well. 

Thune said the chamber will likely head off for the recess if they fund DHS, but suspects “we’ll probably be around here” if they don’t.  

Speaker Mike Johnson, R-La., didn’t commit to put a reworked DHS appropriations bill on the House floor, especially if it doesn’t include funding for ICE’s Enforcement and Removal Operations.

“We have never been in favor of breaking the bill up,” he said. 

But Johnson said it may be possible for Republicans to move funding for that specific program through the complex budget reconciliation process, which the party used last year to approve tens of billions in additional funding for immigration enforcement and deportation in its “big, beautiful” law.  

“If they break away that subset, I suppose we’d have to fund it through reconciliation and find some other means,” he said. 

Working without pay

Workers at the several agencies within DHS, including the Federal Emergency Management Agency and Secret Service, will continue to work without pay until Congress brokers some sort of funding deal for the department.

Any federal employee who handles national security issues or the protection of life or property keeps working during a shutdown. All others are supposed to be sent home. Everyone is supposed to get back pay once the shutdown ends. 

TSA airport security screeners this weekend will miss their second full paycheck since the funding lapse began, after seeing only a partial paycheck early in the shutdown.

While TSA workers are required to work without pay during a shutdown, thousands have called in sick over the last six weeks as they seek gig work and other ways to pay bills. Call-out rates nationwide reached double digits this week, with some airports seeing more than 40% of employees miss shifts.

Some TSA workers have turned to selling plasma to make ends meet, officials from the union representing the agency’s employees told reporters Tuesday.

The staffing shortages have led to hours-long waits at security lines in some highly trafficked airports, causing passengers to miss flights and generally adding to the anxiety of air travel.

White House Press Secretary Karoline Leavitt said in a statement that the administration “is having discussions about a number of ideas to blunt the impact of the Democrat shutdown crisis, but no preparations or plans are currently underway. The best and easiest way to pay TSA Agents is to fund DHS.” 

Jacob Fischler contributed to this report. 

WASHINGTON — President Donald Trump hailed his new Homeland Security head, former U.S. Sen. Markwayne Mullin, as “strong, professional and fair” during an Oval Office swearing-in ceremony Tuesday.

Mullin, who until Monday was one of Oklahoma’s Republican senators, takes the reins at the Department of Homeland Security amid a weekslong partial shutdown in the aftermath of two high-profile fatal shootings of U.S. citizens by two departmental agencies.

Mullin, accompanied by family at the Oval Office ceremony, described his swearing-in as “surreal” and “humbling” during brief remarks after Attorney General Pam Bondi administered his oath of office.

“I made this very clear that I don’t care what color your state is. I don’t care if you’re red or you’re blue. At the end of the day, my job is to be secretary of Homeland and to protect everybody the same. And we will do that. I’ll fight every single day,” Mullin said. 

The partial shutdown has snarled major airports nationwide as thousands of Transportation Security Administration personnel, part of DHS, have quit or skipped work in the absence of paychecks.

Mullin said he met with many DHS employees Tuesday, noting they had been working without pay for more than a month because of “politics.”

Former fighter

Trump praised Mullin at Tuesday’s ceremony.

“I have no doubt that as he takes the helm of DHS, Markwayne will fight for Homeland Security, the United States and securing the country and making it really strong and the way it should be,” Trump said. “Our country’s come a long way in the last year.”

In rising to the role, Mullin became the first member of the Cherokee Nation to serve in the president’s Cabinet, a fact Trump said he “didn’t know.”

Mullin, an award-winning wrestler and former professional mixed martial arts fighter, began his Senate term in 2023. Until being elected as senator, he represented Oklahoma’s 2nd Congressional District starting in 2013.

Mullin resigned from the U.S. Senate Monday evening following the body’s confirmation of his appointment in a 54-45 vote.

The former senator, who will be tasked with leading a department of 260,000 employees, has not sat on a committee that handles policy for Homeland Security.

Alan Armstrong, a Tulsa businessman, was sworn in Tuesday to replace Mullin in the Senate.

Department in turmoil

Mullin replaces former Secretary Kristi Noem who, since Trump’s second term began, oversaw the president’s mass deportation crackdown and publicly flaunted her role in ad campaigns and public appearances — including being photographed while touring a notorious mega-prison in El Salvador where the U.S. deported hundreds of migrants against a judge’s order. 

Noem notably immediately defended two fatal shootings by department personnel in Minneapolis when Immigration and Customs Enforcement agents killed 37-year-old Renee Good on Jan. 7, and Customs and Border Patrol agents killed Alex Pretti, also 37, on Jan. 24.

Democrats have refused to fully fund DHS unless Republicans agreed to new policies for immigration enforcement — including banning face coverings on agents, mandating body camera usage and requiring judicial warrants. 

“The department that Markwayne takes over today is currently shut down by radical left Democrat thugs in Congress who have blocked all funding for DHS because they’re trying to shield illegal aliens, criminals and gang members,” Trump said, incorrectly stating that all DHS funding has been blocked. 

While a significant number of DHS employees, like TSA officers, have been working for weeks without pay, both ICE and Customs and Border Protection are fully funded under a new influx of cash Republicans approved in July as part of the massive tax and spending package.

Speaking to reporters following Mullin’s swearing-in, Trump declined to talk in detail about negotiations with the Senate to end the partial shutdown.  

“They’re working on all of that,” he said.

WASHINGTON — U.S. Supreme Court justices seemed split Tuesday on whether the Trump administration should be allowed to turn away asylum-seekers who present themselves at ports of entry at the U.S.-Mexico border.

The question presented to the justices was whether migrants have to fully cross into the United States in order to have the right to apply for asylum and be processed, or if they can apply for asylum when they appear at a port of entry while on Mexico’s side of the border. 

The policy requiring a full crossing, known as metering, is defunct, but the Trump administration is asking the high court to make a determination in order to potentially revive the practice for future use at the southern border.

“This is an important tool in the government’s toolbox for dealing with border surges when they occur,” Vivek Suri, assistant to the U.S. solicitor general, told the court during oral arguments on the asylum case. “I can’t predict when the next border surge occurs, but I can say that when it does occur, this is a tool that (the Department of Homeland Security) would want in its toolbox. It’s not something the court should leave to future uncertainty.”

The six conservative justices seemed to agree with the Trump administration’s position, and questioned the definition of when a migrant “arrives” in the United States and can therefore seek asylum — legal protection granted to those fleeing danger or persecution in their home country.

The three liberals of the Supreme Court — Justices Sonia Sotomayor, Elena Kagan and Ketanji Brown Jackson —  asked whether the policy violated federal law protecting refugees. 

Lower and appeals courts have repeatedly blocked the metering policy, finding it violated U.S. asylum and refugee law for those escaping persecution after the first Trump administration expanded its use in 2017. The Biden administration rescinded the policy in 2021. 

A 2020 investigation by the Department of Homeland Security’s Office of Inspector General found that up to 680 migrants per day were turned around as a result of the metering policy. 

The ‘magic thing’

Conservative Justice Amy Coney Barrett asked Kelsi Corkran, an attorney who argued on behalf of the immigrant legal aid and humanitarian group Al Otro Lado, how close an asylum seeker has to be to qualify as “arriving” in the U.S.

The immigration advocacy group originally brought the challenge in 2017 after asylum seekers were turned away by border officials at U.S. ports of entry. 

“What is the magic thing, or the dispositive thing, that we’re looking for, where we say, ‘Ah, now that person we can say arrives in the United States?’” Barrett asked. 

Corkran said someone arrives in the U.S. at a port of entry “when they are at the threshold of the port’s entrance, about to step over.” 

“I think that’s consistent with ordinary meaning,” she said. “I arrive at my house, or I arrive in my yard, when I’m going through the gate. Now that process of arriving is interrupted by the border officer physically blocking them from completing the arrival.”

Barrett also asked Suri if the Trump administration plans to reinstate the metering policy. 

Suri said the Trump administration would like to, “when border conditions justify.”

Jackson noted the policy, in practice, would require an asylum seeker to violate U.S. immigration law by entering into the country without authorization, based on the Trump administration’s argument that a migrant has to be on U.S. soil before making an asylum claim. 

That would be considered entering the U.S. unlawfully.

“So imagine a polite asylum seeker who wants to do everything by the book, he approaches the border but does not cross precisely because the law says you are not supposed to enter the United States without authority,” Jackson said. “If we’re trying to think about what ‘arriving in’ means, surely Congress was contemplating that a person would be coming to the United States, would be doing so with an intent to comply with the law that says you’re not supposed to enter, and thereby asking for entry.” 

Justice Brett Kavanaugh also questioned Suri about how the policy seems to give preference to migrants to enter the U.S. without authorization, rather than those who are seeking to make an asylum claim. 

Suri said the metering policy doesn’t prevent a migrant from seeking asylum. 

“It’s saying ‘our port (of entry) is at capacity today, try again some other day,’ and that time when that person comes in, that person could come in legally,” he said. 

Refugee laws

Sotomayor questioned Suri how the metering policy didn’t violate the United Nations Refugee Convention of 1951. That act, which the U.S. signed in 1967, was created after the M.S. St. Louis ship, carrying more than 900 Jewish refugees during World War II, was prevented entry to the U.S. and turned back to Europe. 

Some passengers were able to find refuge in other countries, but 254 died in the Holocaust.

Suri said the metering policy doesn’t send people back to their home country. 

“No, you’re just telling them to walk back,” Sotomayor said, adding that if the turn-back policy were applied to the Jewish refugees on the St. Louis, it would be the same as telling them to swim back. 

“They happened to be on a boat, but that’s what we did,” she said. “We didn’t let them dock. We didn’t consider whether they were being persecuted. And the majority of those people were shipped back or had to go back from where they came and were killed. That’s what we’re doing here, isn’t it?”

Suri said that he does “not deny the moral weight of claims made by refugees, but that is not the question before the court.”

He said the issue is whether Congress imposed the obligation “in the asylum and inspection statutes, and those refer only to aliens who arrive in the United States.”

Sotomayor pushed back and noted that if someone were to fly into LaGuardia Airport in New York, they “may not have put their foot on U.S. land, but they’ve arrived in the United States. They’re knocking on the door.” 

The justices are likely to make a decision on the case by late June. 

WASHINGTON — The U.S. Senate voted Monday evening to confirm Markwayne Mullin to lead the Department of Homeland Security, which is responsible for carrying out President Donald Trump’s mass deportation agenda. 

The 54-45 vote means that Mullin, a Republican senator from Oklahoma, will take over the department in the midst of a five-week shutdown. He will replace outgoing Secretary Kristi Noem, whom the president reassigned to another role in the administration.

Mullin voted for himself. Democratic Sens. John Fetterman of Pennsylvania and Martin Heinrich of New Mexico were the only Democrats to back Mullin’s confirmation.

Just before the Senate adjourned, Mullin submitted his resignation letter.

The department has been shut down since mid-February while Democrats have called for restraints on federal immigration agents after officers killed two U.S. citizens in Minneapolis. On Jan. 7, Renee Good was shot and killed by an Immigration and Customs Enforcement agent and on Jan. 24, Alex Pretti was pinned down and killed by Customs and Border Protection officers.

Senate Majority Leader John Thune, Republican of South Dakota, said on the Senate floor before the vote Monday that Mullin will be entering DHS at a difficult time. 

“It’s a tough assignment, made all the more challenging right now by Democrats having shut DHS down for five weeks,” Thune said. “We all know that Markwayne isn’t afraid of a challenge.”

Speaking to reporters early Monday, Trump said that Mullin is “gonna be fantastic” as DHS secretary. 

As an enrolled member of the Cherokee Nation, Mullin will be the first Indigenous DHS secretary. 

Shutdown effects

Though DHS is shuttered, ICE and CBP are still fully funded because the Republican-led Congress last year passed a separate funding stream of $175 billion for immigration enforcement. 

Trump over the weekend directed his administration to place ICE agents in several airports in an attempt to aid Transportation Security Administration agents, who are working without pay. ICE and TSA are both agencies within DHS.

Mullin does not have any experience on a committee that handles policy for Homeland Security and will be tasked with leading a department of 260,000 employees.

Some senators have raised concerns about Mullin’s temperament, citing a 2023 incident in which he physically challenged a witness before Congress. Mullin also expressed sympathy toward a man who attacked Sen. Rand Paul, breaking six of the Kentucky Republican’s ribs and damaging a lung. 

Paul, who chairs the Senate Homeland Security and Governmental Affairs Committee, voted against advancing Mullin’s nomination to the Senate floor. Paul also voted against Mullin’s confirmation Monday night. 

The Senate advanced Mullin’s nomination in a 54-37 procedural vote Sunday. Two Democrats, Pennsylvania’s John Fetterman and New Mexico’s Martin Heinrich, joined all Republicans who voted Sunday. Paul did not vote on Sunday. 

Airport security workers missed work Monday at the highest rate since a partial government shutdown began in mid-February, the Department of Homeland Security said, and the Trump administration sent immigration officials to some airports in an attempt to keep lines moving.

Travelers reported hourslong security lines at major airports in Atlanta and Houston, while waits of 30 minutes or more were reported at several other hubs Monday.

Nearly 3,500 Transportation Security Administration agents, roughly 11.8% of the scheduled nationwide workforce, called out from work Monday. TSA officers have been working without pay since the department that oversees TSA began a funding lapse Feb. 14 due to a dispute in Congress over immigration enforcement.

Call out rates were over 20% at a handful of major airports, according to DHS. They were:

• 42.3% in New Orleans
• 41.5% in Atlanta
• 39.1% in Houston
• 38.1% in Baltimore
• 37.4% at New York’s John F. Kennedy International Airport
• 24.7% in Pittsburgh
• 24.2% in Philadelphia
• 21.7% at New York’s Laguardia Airport
• 20.3% in Phoenix

ICE to airports

More than 400 TSA workers have quit since the “pointless, reckless shutdown” began, DHS spokeswoman Lauren Bis said in an emailed statement. 

Bis blamed the shutdown and related problems with air security staffing on Democrats in Congress, and confirmed DHS would send officers from Immigration and Customs Enforcement, another DHS agency, to assist TSA at airports.

TSA officers “are not able to afford gas, childcare, food, or rent,” she said. 

“While the Democrats continue to put the safety, dependability, and ease of our air travel at risk, President Trump is taking action to deploy hundreds of ICE officers, that are currently funded by Congress, to airports being adversely impacted. This will help bolster TSA efforts to keep our skies safe and minimize air travel disruptions.”

President Donald Trump praised ICE in comments to reporters Monday morning and suggested he could also call upon National Guard troops to help at airports.

“They stepped in so, so strongly,” he said of ICE officers. “They’ll do great. And if that’s not enough, I’ll bring in the National Guard.”

Tom Homan, the White House border czar who coordinates much of Trump’s immigration enforcement agenda, said in a Sunday interview on CNN’s “State of the Union” that ICE officers would primarily handle duties that did not require extensive training, such as making sure no one entered secure areas through exits.

“We’re simply there to help TSA do their job in areas that don’t need their specialized expertise,” he said, rather than screening through the X-ray machines, he told CNN’s Dana Bash. “But there are roles we can play to release TSA officers from the non-significant role, such as guarding an exit, so they can get back to the scanning machines and move people quicker.”

DHS declined to provide a list of airports to which ICE would deploy, citing “operational security” concerns.

ICE officers were spotted at Hartsfield-Jackson Atlanta International Airport, the nation’s busiest, where waits of four hours in security lines were reported on Monday.

Shutdown persists

Federal law requires TSA officers to work, even during a shutdown, though they will not be paid until funding is restored.

Despite being at the center of the shutdown debate, ICE has not been affected by the DHS funding lapse because Republicans provided the agency massive funding in the tax cuts and spending bill they passed along party lines last year.

Democrats have refused to fund a fiscal 2026 appropriations bill for the department without major changes to the administration’s immigration enforcement, which reached a tipping point following the deaths of two U.S. citizens in Minneapolis in January.

“Because of the Democrat shutdown, President Trump is using every tool available to help American travelers who are facing hours long lines at airports across the country—especially during this spring break and holiday season that is very important for many American families,” Bis said.

In a rare weekend session, the U.S. Senate again failed to advance a funding measure for DHS on Saturday.

Deadly LaGuardia crash

The pilot and co-pilot of an Air Canada plane died, and more than 40 people were injured, after the jet collided with a fire truck at LaGuardia airport late Sunday.

The incident was unrelated to problems with TSA, which is not responsible for safety on runways or elsewhere outside of airport terminals, but it further delayed and complicated travel in the New York City area.

Ashley Murray contributed to this report.

WASHINGTON — The U.S. Senate voted Sunday to advance Oklahoma GOP Sen. Markwayne Mullin’s nomination to lead the Department of Homeland Security.

The 54-37 procedural vote sets up a final vote on Mullin’s confirmation as early as Monday. Democratic Sen. John Fetterman of Pennsylvania voted to advance Mullin, after backing him in committee as well. Also voting with Republicans was Democratic Sen. Martin Heinrich of New Mexico.

If confirmed, Mullin will take over a department that has been shut down since Feb. 14 amid a stalemate over changes to immigration enforcement policy. 

Senate Democrats have declined to approve a funding bill for the department following the deaths of two U.S. citizens in Minneapolis during a months-long immigrant enforcement operation. 

The Senate Committee on Homeland Security and Governmental Affairs voted, 8-7, to move Mullin’s nomination forward Thursday. Mullin did not gain the support of the fellow Republican who chairs the committee, Rand Paul of Kentucky, but still received a favorable vote from the committee because Fetterman joined all other Republicans in voting in Mullin’s favor.

Paul did not vote on Sunday.

During Mullin’s confirmation hearing, Paul questioned whether Mullin could lead the DHS given his “anger issues.” He also confronted Mullin about his comments calling Paul a “freaking snake” and expressing sympathy for a neighbor who assaulted Paul in a 2017 attack that broke six of his ribs and damaged a lung.

Outgoing DHS Secretary Kristi Noem leaves the department, which has the primary responsibility of enforcing President Donald Trump’s aggressive immigration policy, with myriad problems, including a bottleneck in approving Federal Emergency Management Agency grants.

Noem, the former governor of South Dakota, also came under bipartisan criticism for describing the victims of the fatal Minneapolis shootings, Renee Good and Alex Pretti, as domestic terrorists without any evidence. 

Mullin made a similar comment the day of Pretti’s shooting, but said during his confirmation hearing that he regretted the statement, though he stopped short of apologizing to Pretti’s family.

WASHINGTON — The U.S. Senate Committee on Homeland Security and Governmental Affairs Thursday voted to move forward Oklahoma Sen. Markwayne Mullin’s nomination to lead the Department of Homeland Security. 

After the 8-7 vote, Mullin’s nomination will head to the Senate floor. 

Thursday’s vote comes a day after Mullin, a Republican, appeared before the committee in a contentious nomination hearing in which the GOP chair, Sen. Rand Paul, questioned whether Mullin should lead the department given his “anger issues.”

Paul, of Kentucky, voted against advancing Mullin’s nomination, the only Republican on the panel to oppose a fellow senator.

But because Democratic Sen. John Fetterman of Pennsylvania voted with the rest of the Republicans, Mullin’s nomination advanced.

In a statement, Fetterman said his vote to approve Mullin was “rooted in a strong, committed, constructive working relationship with Senator Mullin for our nation’s security.”

Paul at the Wednesday hearing took issue with Mullin referring to him as a “freaking snake” and expressing sympathy for a neighbor who assaulted Paul in 2017, breaking six ribs and injuring a lung.

Mullin told senators in the hearing that he aims to lead DHS differently than Homeland Security Secretary Kristi Noem, the former South Dakota governor whom the president removed from the post earlier this month and reassigned to another position within the administration. 

Mullin said he would do away with several policies that Noem implemented, such as a requirement for disaster grants to be personally approved by the secretary of Homeland Security. 

He added that he wants DHS to “not be in the news every day,” referencing the aggressive enforcement tactics by immigration agents that have been caught on camera, including their involvement in the deaths of two Minneapolis residents. 

Mullin will likely leave his Senate seat after he votes for his own nomination to lead DHS. It’s similar to a move by Secretary of State Marco Rubio last year, when he left his U.S. Senate seat representing Florida after voting to confirm his nomination to lead the State Department. 

The top Democrat on the committee, Sen. Gary Peters of Michigan, said Thursday that DHS “needs a leader who can restore the trust that DHS has broken with the American people,” and that he did not have confidence that Mullin could tackle that challenge. 

Peters, like Paul, raised concerns about Mullin’s “temperament to lead this critical department.”

”There will be no shortage of political disagreements facing the new DHS secretary,” Peters said. “The department and the American people deserve a leader who is steady and proven under pressure, not just someone better than the very low bar set by his predecessor.”

WASHINGTON — U.S. Sen. Markwayne Mullin of Oklahoma, the president’s pick to lead the Department of Homeland Security, on Wednesday in his confirmation hearing was challenged with questions about his “anger issues” by the fellow Republican who heads the Senate committee that oversees the department.

Kentucky Republican Sen. Rand Paul, chair of the Committee on Homeland Security and Governmental Affairs, at the outset of the hearing recalled how Mullin called him a “freaking snake” and expressed sympathy for a neighbor who assaulted Paul in a 2017 dispute, breaking six of his ribs and damaging a lung.

“You have never had the courage to look me in the eye and tell me that the assault was justified,” Paul said to Mullin, nominated by President Donald Trump to replace Kristi Noem as secretary of the 260,000-employee agency. “Tell it to my face, if that’s what you believe.”

In a tense back-and-forth, Mullin defended himself and said he never “supported” that Paul was assaulted, but that he “understood” why the neighbor attacked Paul.

“I think everybody in this room knows that I’m very blunt,” Mullin, a former MMA fighter who physically challenged a witness testifying before Congress in 2023, said. 

Paul criticized him and “this machismo that you have” and raised concerns about how Mullin could lead a department and “why (the American public) should trust a man with anger issues to set the proper example for ICE and Border Patrol agents.” 

Noem was ousted from the job after a national uproar over the killing of two U.S. citizens in Minneapolis in January by immigration agents and public disapproval of aggressive enforcement tactics there and in Los Angeles and Chicago.

“I just wonder if someone who applauds violence against their political opponents is the right person to lead an agency that has struggled to accept limits to the proper use of force,” Paul said. 

Mullin did not apologize for his comments regarding Paul’s assault, and said that leading DHS is “bigger than the political differences we have.”

Mullin detailed his plans to senators, pledging to reverse several policies of his predecessor, including making sure “DHS isn’t on the news every day.” 

Mullin also promised to get DHS fully funded and continue to carry out the president’s mass deportation agenda. 

If confirmed, he will have access to a special funding stream of $175 billion for DHS included in 2025’s “one big, beautiful” tax and spending cut package, which Mullin backed as a senator. 

Post-Noem era

Trump shifted Noem, the former governor of South Dakota, into another administration position earlier this month. 

Her tenure drew bipartisan ire over her quick judgment to label the two U.S. citizens killed by immigration agents as domestic terrorists, her stalling of disaster relief grants for states, and the award of a $220 million no-bid contract for an ad campaign to a firm owned by a subordinate’s spouse. 

Paul said the committee plans to vote Thursday on whether to advance Mullin’s nomination to the Senate floor. Trump has said he wants Mullin on the job by the end of the month.

If the Senate confirms Mullin, he would be the first Native American to lead DHS. He is an enrolled member of the Cherokee Nation. 

Senate Majority Leader John Thune, Republican of South Dakota, told reporters Wednesday that he was confident Mullin could be confirmed as Homeland Security secretary. 

“Rand and Markwayne have some personal history which they’re going to have to work through,” Thune said. “But this is about the job, and it’s about who ought to fill that job. We all believe … that Markwayne is the right guy for the job.”

One Democrat already a yes

The junior senator from Oklahoma, who was elected to the Senate in a 2022 special election, does not need any Democratic support to be confirmed to lead the agency, since Republicans control the chamber with 53 seats.

And even without Paul’s support, one Democrat, Sen. John Fetterman of Pennsylvania, who sits on the committee, has already pledged his vote. 

Mullin, if confirmed, will take over a department shut down since early February, after Democrats refused to vote for fiscal year 2026 funding unless changes to immigration enforcement are made following the deaths of the two U.S. citizens in Minneapolis, Renee Good and Alex Pretti. 

The top Democrat on Homeland Security, Gary Peters, pressed Mullin about his previous comments about Good and Pretti. Mullin joined top Trump officials in accusing both of being agitators. 

Mullin admitted his mistake and said he was too quick to judge. 

“I shouldn’t have said that,” Mullin said. “I went out there too fast. I was responding immediately without the facts. That’s my fault. That won’t happen as (Homeland Security) secretary.”

Noem has never admitted she was wrong to label Good, a mother of three and poet, and Pretti, an intensive care unit nurse who specialized in care for veterans, as domestic terrorists. She was criticized by both Democrats and Republicans for her comments.

On Wednesday, Republicans on the panel largely praised Mullin, except for Paul, and criticized Democrats for not approving government funding for DHS.

House Democrats are trying to force a legislative procedure to bring a funding bill for DHS that does not include any appropriations for U.S. Immigration and Customs Enforcement and Customs and Border Protection.

ICE questions

Michigan Democratic Sen. Elissa Slotkin pressed Mullin on reforms he would make to ICE. 

Sen. Richard Blumenthal, Democrat of Connecticut, asked Mullin about an arrest quota of 3,000 immigrants daily that White House senior advisor Stephen Miller, the main architect of the Trump administration’s immigration policy, has set for ICE officers.

“I can’t speak for Stephen Miller,” Mullin said. “No quota has been set for me.”

Blumenthal also pressed Mullin about concerns over violations of the 4th Amendment of the Constitution by federal immigration agents entering homes and businesses without a judicial warrant. 

He asked Mullin if he would “commit that ICE will no longer instruct agents to break into people’s homes without a judicial warrant?”

“Sir, you’re using the word ‘break into’ people’s houses loosely,” Mullin said. “We will not enter a home or place of business without a judicial warrant unless we’re pursuing an individual that runs into a business or resident.”

Blumenthal also addressed Noem’s award of the $220 million no-bid contract, which she was grilled about by unhappy Republicans in a congressional hearing shortly before Trump removed her as secretary of DHS.

Mullin said that he would let the inspector general, an independent agency within DHS, continue with an investigation. 

“I’ll leave that to the (Inspector General),” Mullin said.  

Detention warehouse purchases

Democrats pressed Mullin if he would keep certain policies in place made by Noem, whose last day is March 31, and questioned recent moves by DHS to purchase warehouses across the country for mass detention of immigrants in the country without legal status. 

New Jersey Sen. Andy Kim said a policy from Noem has led to a backlog in Federal Emergency Management Agency relief. Noem instituted a requirement that she had to personally sign off on any FEMA award totaling more than $100,000. 

Kim asked Mullin if he would consider getting rid of that policy.

“Absolutely,” Mullin said. “That is micromanaging.”

Kim also brought up a warehouse recently purchased by DHS in Roxbury, New Jersey, to detain up to 1,500 immigrants that has concerned local community leaders.

“Most municipalities don’t have the capacity and their infrastructure for waste and water” to handle a warehouse that is meant to detain people, Kim said. 

“This town has only 42 foot police officers, a volunteer fire department. Does that sound like the kind of town that has resources to take on a warehouse?” he asked Mullin.

Mullin did not say DHS would stop its warehouse initiative, but said he wanted to make sure that the local communities were on board, and pledged to personally visit that location with Kim to meet with leaders. 

New Hampshire’s Democratic Sen. Maggie Hassan also raised the issue of a warehouse location in her state. DHS initially planned to purchase a warehouse in Merrimack to retrofit the facility to detain immigrants, but backed off.

She asked Mullin if he would “ensure that the plan remains off the table?” 

Mullin said he wasn’t caught up on that specific facility, but that he would work to get the local community’s input.  

More FEMA questions

Fellow Oklahoma Republican Sen. James Lankford asked Mullin how he sees the future of FEMA. The president has expressed his desire to dismantle the agency, and a FEMA review council was formed to issue a report on its findings. 

Mullin said that FEMA should not be considered a first response agency, and that when natural disasters strike, it’s the state response that is first. 

“We can be more effective and be more direct and speed it up,” he said. 

Mullin added that he doesn’t believe FEMA should be dismantled, but that it could be restructured. 

Mullin’s overseas ventures

The top Republican and Democrat on the committee, Paul and Peters, grilled Mullin on his past comments on a 2016 international trip taken while he served in the House. During a Fox News interview, Mullin implied he had been on military missions and could “smell war.” Mullin has not served in the military.

Mullin declined to discuss those comments, arguing that the travel was while he was on official duty and classified. He described those trips as for training purposes.

Peters asked why the trip wasn’t included in his disclosure records to the committee, and Mullin argued that because it was considered official travel, he didn’t need to disclose it.

Paul said he would consider postponing the committee’s vote unless Mullin would agree to visit a secure facility where classified matters are discussed, known as a SCIF, to detail his international travel. 

Mullin said he would go to a SCIF with lawmakers ahead of the committee vote Thursday. 

Jennifer Shutt contributed to this report.

 

Leer in espanol. 

Andrea Pedro-Francisco was supposed to have surgery more than a month ago.

A cyst on her ovary has swelled to nearly the size of a tennis ball and is now at risk of rupturing or cutting off blood supply. The pain is so severe that her doctor prescribed her an opioid.

She’s only received Tylenol or ibuprofen for the pain since she was arrested on her way to work on Feb. 5 in Minnesota and shipped to a Texas detention center, where she’s waiting for a judge to decide whether her detention is even legal.

“I want to be able to go back to my family,” Pedro-Francisco, 23, said in Spanish in a video interview, wearing a navy blue sweatshirt and looking ashen. “I feel sad. I feel tired. I feel desperate to get out of here and see my family again.”

Her case has been taken up by a team of pro bono attorneys and even members of Congress, but to little avail.

Democratic U.S. Rep. Angie Craig, who represents the Twin Cities suburbs where Pedro-Francisco lives, sent inquiries to Homeland Security officials hoping to pressure them to provide adequate medical treatment.

Craig says she’s been stonewalled with demands for various forms and out-of-office messages citing the partial government shutdown. She said she considered flying to El Paso to conduct an oversight visit but the facility is currently in lockdown because of a measles outbreak.

“We are very worried she could have an infection right now … and the Trump administration won’t do a damn thing about it,” Craig said in an interview. “I don’t want Andrea to die.”

ICE did not respond to a request for comment.

Pedro-Francisco is one of 4,000 immigrants the Trump administration says it arrested during Operation Metro Surge — although it has not provided an accounting of all those arrests — with some 3,000 federal agents descending on Minnesota for what the Department of Homeland Security called its largest operation ever.

Many have been ordered released by federal judges who ruled their detentions unlawful. But many others remain languishing in federal facilities across the country even if, like Pedro-Francisco, they have no criminal record and have lived in the United States for years.

While the Trump administration repeatedly claimed to be targeting the “worst of the worst,” the vast majority of those arrested during Trump’s second term have no violent criminal charges or convictions, according to an internal Department of Homeland Security document obtained by CBS News.

Taken on the way to work

Pedro-Francisco left her native Guatemala for the United States with her mother to seek asylum in 2019 when she was 16 years old. They arrived in Minnesota with virtually nothing and debt from the journey.

They quickly built a new life. They found jobs cleaning houses, moved into a house in Burnsville, and joined a church. Pedro-Francisco sings in the choir and plays the bajo, a Mexican bass guitar.

“I came here with my family to do something, to achieve something with my own strength, with my own hands. And after that, they took me away,” Pedro-Francisco said.

Pedro-Francisco was driving to work with her mother and a neighbor one Thursday morning when they were stopped by two unmarked vehicles. One parked in front and the other behind. Half a dozen masked men surrounded them, demanding to see their documents, she said.

She said she doesn’t know why they stopped her. There was no warrant for her arrest.

It could be they ran the license plate and saw a Hispanic name. Or because the federal agents believed three Latina women in a car was reason enough to initiate a stop. A federal judge appointed by President Trump found that Homeland Security has racially profiled Latino and Somali residents and arrested them without probable cause, which while unconstitutional, nevertheless yielded results as the Trump administration pursues mass deportations.

The agents put handcuffs on Pedro-Francisco and her neighbor.

Her mother pleaded with an agent to let her go, telling him there was no one to care for her children. She has two younger children, a 5- and a 1-year old, both U.S. citizens.

“‘Who’s going to take care of my children?’ I asked him,” said Pedro-Francisco’s mother in an interview in Spanish, choking back tears. She was granted anonymity due to her fear of retribution from federal officials.

“Then he said, ‘Okay, we’re going to let you go, but only today … If another group catches you, they’ll take you away.’”

She gave her daughter one last hug, and the agents placed Pedro-Francisco, handcuffed, in the back of the unmarked car.

Within a couple hours she was on a flight to Texas.

‘They treat us like animals’ 

Pedro-Francisco was taken to Camp East Montana, a troubled tent prison on the site of a former World War II detention camp for Japanese Americans at Fort Bliss near El Paso.

It was hurriedly constructed last summer to meet the growing need for detention space after the Trump administration enacted a policy of mandatory detention for many undocumented immigrants, even those who have lived in the country for years with no criminal history.

The detention facility is now ICE’s largest: around 3,000 people packed into long tent structures. Pedro-Francisco says she is kept in a room with around 60 people except for about an hour a day, when they are chained together and taken outside.

“They chain us up as if we had committed a very serious crime,” Pedro-Francisco said. “They treat us like animals.”

The ceiling leaks when it rains. The food is inedible. Pedro-Francisco says she’s lost around 10 lbs.

The crowded conditions have also made it a hotbed of disease, with outbreaks of COVID-19, tuberculosis and the measles.

Three detainees died in the facility in a six-week period, including a man who was suffocated in a struggle with multiple guards. His death was ruled a homicide. Suicide attempts are so common that some guards take bets on which detainee will succeed next, according to a former detainee who spoke to the Associated Press.

With complaints of crowded quarters, medical neglect and poor nutrition mounting, ICE recently terminated the $1.3 billion contract with the company operating the facility, Acquisition Logistics. It had never run an ICE detention facility before — nor did it even have a functioning website.

When Pedro-Francisco arrived in early February, she wasn’t receiving any medication except the occasional Tylenol. The pain in her abdomen became so unbearable that within a couple days she was taken to a hospital, where she says a doctor confirmed the cyst yet declined to operate on her because she’s in immigration custody.

As the weeks have passed, she can feel herself getting sicker.

Instead of medical care, ICE has offered her another solution: self-deport. Every two or three days, she says, ICE officials enter their room to ask people to sign forms agreeing to voluntary removal.

Many have taken it, including a man from Minnesota whose lawyer said he only agreed because he was being denied medication for his diabetes.

“But my purpose, for me, here in the midst of suffering, pain and illness, my purpose is to be able to return to my family,” Pedro-Francisco said.

Caught in red tape and judicial delays

By swiftly transferring Pedro-Francisco to Texas, ICE has made it harder for her and other people arrested in Minnesota to challenge their detention through what’s called a habeas corpus petition. That seems to be by design.

Minnesota U.S. District Judge Donovan Frank wrote that he’s seen a “pattern of obfuscation” with ICE “attempting to hide the location of detainees, and thus, make habeas proceedings more difficult.”

Judges in Minnesota have been in revolt over the Trump administration’s policy of mandatory detention and repeated violations of their orders to release immigrants, even threatening the U.S. attorney with contempt.

While judges in Texas have also largely ruled against the Trump administration, the ultra-conservative 5th Circuit Court of Appeals recently ruled in its favor, making Texas, Louisiana and Mississippi more favorable venues for the administration to defend a policy that contradicts three decades of precedent.

Federal officials have said they simply ran out of space to hold people in Minnesota during an unprecedented surge in arrests.

Approximately 200 people detained in Minnesota have been transferred out-of-state and remain in detention centers across the country — in Texas, New Mexico, Louisiana, Nebraska and Mississippi — according to Sarah Brenes, executive director of the Binger Center at the University of Minnesota Law School and one of the directors of the Minnesota Habeas Project.

By the time Pedro-Francisco was connected with a lawyer, she was already in Texas. Her case was taken up by attorney Asra Syed, managing partner at the Austin law firm Botkin Chiarello Calaf. She was referred to Pedro-Francisco’s case through the informal network of volunteer lawyers that sprung up during Operation Metro Surge.

Syed filed a habeas corpus petition to challenge Pedro-Francisco’s detention on Feb. 13 and mentioned her urgent need for medical attention. While the federal government usually has three days to justify its detention of a person, U.S. Judge Leon Schydlower gave the government more than three weeks from when the petition was filed to respond.

“She doesn’t have a way to get the health care that she needs unless she’s out of detention. And how is she supposed to get out of detention unless the judge rules on the habeas petition quickly?” Syed said.

In the interim, Syed filed two more motions asking the court to speed up Pedro-Francisco’s case and order the federal government to administer her prescribed medications and have her examined by an independent hospital physician. They went unanswered.

Syed also reached out to her representative, Democratic U.S. Rep. Greg Casar, who connected her with Craig. Democratic U.S. Rep. Veronica Escobar, who represents the El Paso area that’s home to the detention center, also got involved.

Syed became hopeful, but she and the congresswomen were quickly moored in ICE’s kafkaesque bureaucracy.

In order to conduct oversight, the congresswomen needed Pedro-Francisco to fill out a form authorizing the visit and for Homeland Security to share information about her. But there is no way for Pedro-Francisco to fill out or mail the form in detention. There’s no commissary to buy envelopes and stamps, Syed said. Pedro-Francisco also can’t sign releases giving her attorneys access to her medical records.

An attorney planned to visit the detention center to get Pedro-Francisco’s signatures in person. Then came the measles outbreak, which has stopped anyone from visiting detainees in person, be they attorneys or members of Congress.

Craig said she reached out to a senior DHS official but received a bounceback citing the partial government shutdown. Congressional Democrats are refusing to support renewing funding for the agency without reforms to what they say are ICE’s unconstitutional tactics.

“It’s just stunning, but not surprising at all, that … even as a congressional office, we haven’t been able to get her the help that she needs and deserves,” Craig said.

Her office has received some information from DHS about Pedro-Francisco’s condition — that they’re giving her an antidepressant and birth control pills.

But that’s at odds with what Pedro-Francisco says she’s receiving. She said she went days without even Tylenol to dull the unbearable pain, and then about a week ago also started receiving a prescription, though she’s unsure what it’s called.

Pedro-Francisco said she was also recently examined by a man in the detention center who conducted an ultrasound. He told her she didn’t have anything and gave her two pills to go to the bathroom, but she doesn’t trust anybody in the facility. She’s requested the man’s name and records of her treatment in detention to show her lawyers but has not received either.

Inadequate medical care and poor record-keeping have been documented repeatedly at Camp East Montana, even by ICE’s own inspectors, who found 60 violations in 50 days.

Pedro-Francisco’s case remains at a standstill. The federal government filed an answer to her habeas corpus petition justifying her detention as an undocumented immigrant “seeking admission,” as if she were just apprehended at the border, and cited the recent 5th Circuit Court of Appeals ruling.

Now it’s up to a judge to decide, though when that will happen is unclear.

“I want to get out of here because I know that at home, where my family is, they can take care of me, and I can go to a doctor,” Pedro-Francisco said.

Madison McVan contributed translation. 

WASHINGTON — If Oklahoma GOP Sen. Markwayne Mullin is confirmed by the Senate to lead the Department of Homeland Security, he will take over an agency that has faced a weeks-long funding lapse, public blowback to its immigration enforcement strategy and a bottleneck of disaster relief awards left by his predecessor that drew bipartisan ire. 

Additionally, if the United States remains at war with Iran, he’d oversee monitoring for security threats. That is a task some lawmakers are skeptical the department can undertake during its shutdown. 

Mullin, who does not need any Democratic support to be confirmed to lead DHS, will have his nomination hearing March 18 before the Senate Committee on Homeland Security and Governmental Affairs. The committee will vote to move his nomination to the Senate floor the following day, committee Chair Rand Paul of Kentucky told reporters.

The Oklahoman would take over from Kristi Noem, whom President Donald Trump ousted after a disastrous two days of testimony on Capitol Hill that capped a controversial 14-month tenure as DHS secretary.

“She was tasked to do a very difficult job … and I think she has performed the best she can do under the circumstances,” Mullin said of Noem, shortly after the president announced his intention to nominate him. “Is there always lessons that can be learned? Every day there’s something you can do better.”

But Mullin would face the same challenges, if not more, once he takes over. 

In addition to heading Trump’s aggressive immigration push, which is at a low point in popular support after the fatal shootings of two U.S. citizens in Minneapolis in January, Mullin would also be tasked with restoring faith in the department’s spending decisions and repairing the pipeline for sending relief to disaster-stricken areas. 

Noem faced bipartisan scrutiny during hearings this month for her record on those issues, including awarding a $220 million no-bid contract for an ad campaign to a firm owned by a subordinate’s spouse and requiring that she personally approve almost all Federal Emergency Management Agency expenditures.

Noem often clashed with critics, especially Democrats. Mullin indicated he’d try to find more common ground.

“Yes, I’m a Republican. Yes, I’m conservative. But (the) Department of Homeland Security is to keep everybody (safe), regardless if you support me or not,” he told reporters. “My focus is to keep the homeland secure.” 

His time in Congress has not given Mullin a strong background in the subject matter. He’s never sat on any committees dealing with DHS policy. He is a member of the Senate Appropriations Committee, which writes funding bills for the entire federal government, but is not a member of the subcommittee that oversees the DHS funding bill.

If the Senate confirms Mullin, he would be the first Native American to lead DHS. He is an enrolled member of the Cherokee Nation. 

Mullin’s office referred questions for this story to the White House. In an email to States Newsroom, the White House said the Trump administration has “no DHS related policy announcements to make at this time.”

DHS funding

Mullin is a staunch Trump defender and supporter and will be tasked with carrying out his campaign promise of mass deportations of immigrants. To do that, DHS is flush with more than $175 billion for immigration enforcement and detention, through Republicans’ “One, Big Beautiful” law that Mullin voted for. 

“I look forward to earning the support of my colleagues in the Senate and carrying out President Trump’s mission alongside the department’s many capable agencies and the thousands of patriots who keep us safe every day,” Mullin wrote in a social media post shortly after the president’s announcement.  

Polling has found many Americans have soured on the campaign platform that won Trump a second term in the White House as DHS has deployed officers to conduct aggressive immigration enforcement in the interior of the country. Majorities of Democrats and independents said the Minneapolis shootings were a sign of broader problems in immigration enforcement, though most Republicans remained supportive of the administration.

The approach has led to massive protests against U.S. Immigration and Customs Enforcement, especially after the deaths of Renee Good and Alex Pretti, both 37-year-old residents of Minneapolis. Another U.S. citizen, Ruben Martinez, was also killed by immigration agents in Texas last year.

Since Good and Pretti’s deaths last month, Democrats have blocked an appropriations bill for the department without significant changes in enforcement tactics. 

Mullin has argued that the appropriations bill provides an accountability measure in funding body cameras for immigration agents. He has pushed back on any restrictions on officers, such as barring them from covering their faces.

“We’re not going to handcuff law enforcement for a useless political exercise,” he wrote in a social media post.

Mullin’s reaction to Pretti video resembled Noem’s

One of the biggest criticisms from Noem was that she referred to Pretti and Good as domestic terrorists. Multiple videos contradicted those claims, and Noem refused to admit she made a mistake or apologize to their families when she was questioned by lawmakers.

While Mullin didn’t use that label, he made a similar claim, implying that Pretti’s actions were a felony. Mullin stressed his support for law enforcement.

“Obstructing federal law enforcement is a felony. Most Americans follow ICE instructions without thinking twice,” Mullin wrote on social media hours after the shooting. “These patriots are doing a difficult job under an 8,000% rise in death threats.”

Mullin was not the only Senate Republican to take that position, but some did take a different view.

Paul joined the top Democrat on the committee that oversees DHS, Gary Peters of Michigan, in grilling the heads of two immigration enforcement agencies within the department about Pretti’s death.

“He is retreating at every moment,” Paul said of Pretti. “He’s trying to get away, and he’s being sprayed in the face. I don’t think that’s de-escalatory. That’s an escalatory thing.”

Senators will get a chance to question where Mullin will lead the agency and whether he will continue some of Noem’s hardline immigration policies, such as the revocation of legal status for millions of immigrants who hail from countries initially granted protections because their home country is deemed too dangerous to return to. 

Mullin has often criticized local governments that have policies to not cooperate with or assist the federal government in immigration enforcement. 

In an interview with States Newsroom, Peters said he had not spoken with Mullin about leading DHS and looked forward to questioning him before the committee.

In addition to immigration-related agencies and FEMA, the department includes the Cybersecurity and Infrastructure Security Agency, the Secret Service and the Coast Guard. 

Additionally, the department will manage security for major events: the World Cup and the celebration for the 250th anniversary of the country’s founding that will occur blocks from the White House. 

FEMA bottleneck

Another Noem policy that drew bipartisan criticism was her requirement she give personal approval of any FEMA contracts or grants worth more than $100,000.

It effectively created a bottleneck of relief to disaster-stricken places, and lawmakers expressed their frustration to Noem that the policy meant delayed payments.

North Carolina GOP Sen. Thom Tillis berated Noem for his full 10 minutes of questioning when she appeared before the Senate Judiciary Committee about how her policy has slowed down recovery efforts in North Carolina, which was hit by the devastating Hurricane Helene in 2024. 

It’s unclear if Mullin will keep that policy in place.

“The Department of Homeland Security has a very broad jurisdiction and I think there’s a lot of work that we need to do,” Mullin told reporters. 

FEMA’s disaster relief fund is somewhat unique among federal programs since Congress has granted it the authority to deficit spend; it cannot run out of money, even during a shutdown. 

Trump has sought to downsize FEMA, firing part of its workforce and directing his officials to restructure the agency. There is currently no permanent FEMA administrator.

No DHS assignments in Congress

Mullin spent a decade in the House before being elected to the Senate in a special election in 2022.

In his time in the House from 2013 to 2023, Mullin sat on the Energy and Commerce, Transportation and Infrastructure and Natural Resources committees.

In the Senate, besides Appropriations, he sits on the Armed Services, Indian Affairs and Health, Education, Labor, and Pensions committees.

He chairs an appropriations subcommittee that handles funding for the legislative branch, and on the HELP Committee, he chairs the panel on Employment and Workplace Safety.  

Mullin, whose congressional staff totals nearly 40, based on records from the Legistorm data service, would oversee an agency with more than 272,000 employees and an annual budget of approximately $64 billion. 

Former pro fighter’s Senate confrontations

During a 2023 HELP Committee hearing, Mullin challenged International Brotherhood of Teamsters President Sean O’Brien to a physical fight, after heated testimony. 

“You know where to find me,” Mullin, who is a former professional MMA fighter, said to O’Brien.

Mullin will also have to appear before Paul, who he’s referred to as a “freaking snake,” for his confirmation hearing. Mullin also expressed sympathy for a neighbor of Paul’s, who was charged with assaulting the senator on his front lawn, breaking several ribs.

When pressed by reporters, Paul did not address Mullin’s comments.

“We’ll see how the hearing goes,” he said. 

Passengers at a handful of airports this week waited in hours-long security lines as the government shutdown of the Department of Homeland Security dragged on.

Though Transportation Security Administration officers are required by law to work during a lapse in funding, more than usual have been absent after receiving only a partial paycheck during the most recent pay period. TSA officers will miss an entire paycheck this weekend if the shutdown is still in effect then. 

No end to the shutdown appeared imminent Wednesday, as the U.S. Senate rejected a bill that would have funded TSA and other agencies in DHS that are not related to immigration enforcement.

In the meantime, TSA officers are not being paid. 

Most live paycheck-to-paycheck, said Johnny Jones, the secretary-treasurer of the American Federation of Government Employees Council 100, which represents TSA agents.

The lack of pay has contributed to absenteeism, Jones added. The union does not condone coordinated “sick-outs,” which are illegal. 

But individual officers miss work for one of three reasons during a shutdown, he said: pre-planned time off, legitimate illness or personal emergencies, and those calling in sick but seeking other work to pay bills.

“If you’re normally receiving a paycheck, you wouldn’t have that third group,” he said.

Some of those who are working are going without lunch or making other sacrifices, Jones added. And he said two colleagues were evicted during the most recent shutdown last fall, which lasted for 43 days.

The U.S. war against Iran, which has an estimated price in the billions of dollars in just its first two weeks, has also driven resentment among TSA workers, Jones said.

“One of the things that I’ve heard from the colleagues is that, man, we got plenty of money to go fight wars and bomb Iran, but we can’t pay our own employees,” he said.

Long lines

No exceptionally long wait times were reported Wednesday, but the previous few days saw several examples of snarled security lines.

Security lines topped three hours at Houston’s William P. Hobby International Airport on Monday and Tuesday. 

Lines at Louis Armstrong New Orleans International Airport were up to two hours Monday and the airport’s social media drew a direct line to the shutdown.

“Due to impacts from the federal government’s partial shutdown, there continues to be a shortage of TSA workers at the security checkpoint … which is causing longer-than-average lines,” the airport’s X account posted.

Atlanta’s Hartsfield-Jackson International Airport also urged passengers to leave extra time to account for factors including “TSA staffing constraints.”

CBS News reported Wednesday that more than 300 TSA agents have left their jobs since the shutdown began. TSA officials did not respond to messages seeking confirmation of that figure.

Senate gridlock

The top Democrat on the U.S. Senate Appropriations Committee, Washington’s Patty Murray, sought unanimous consent Wednesday for the Senate to approve a bill that would fund all of DHS other than Immigration and Customs Enforcement, Customs and Border Protection, and the secretary’s office.

Sen. Katie Britt, an Alabama Republican who chairs the subcommittee on Homeland Security funding, objected.

Murray’s bill “would effectively defund our law enforcement officers that are charged with keeping Americans safe,” Britt said.

Each party blamed the other for the impasse, which has been unbreachable since the department’s funding lapsed Feb. 14.

Following the January fatal shootings of two U.S. citizens by immigration officers in Minneapolis, Democrats are demanding changes to immigration agencies’ conduct as a condition of funding the department.

Republicans have said they are willing to negotiate the issue, but the parties disagree on what to do for the department, which also includes the Coast Guard and the Federal Emergency Management Agency, in the meantime.

Republican leaders sought to pass a short-term continuing resolution to fund the entire department, but Democrats rejected it, saying it would allow the operation of immigration agencies without adding accountability measures.

“Right now, TSA agents are going without pay because Republicans and the White House have decided they would rather shut down all of DHS than pass some very basic reforms to rein in ICE and Border Patrol,” Murray said. “We also want TSA and FEMA funded, but we are not going to be blackmailed into cutting a blank check for ICE to get it done.”

Politics cited

Senate Majority Leader John Thune, of South Dakota, said Democrats have stopped negotiating on DHS funding in a bid to keep the issue alive for the November midterm elections. 

“The American people are tired,” he said. “Lines get longer at the airports because TSA isn’t funded. The American people want us to do our jobs. Republicans are at the table. We’re ready to work toward a solution. Democrats have walked away.”

Jones, the AFGE member and TSA officer, declined to say which approach to short-term funding was preferable, but said it was Congress’ job to fund the federal government.

“We all swear the same oath to the same Constitution,” he said. “Now my job function is a little different than theirs, so they need to do theirs so I can do mine.”

WASHINGTON — Senate Republicans during a Tuesday hearing laid the groundwork for legislation that would prevent state and local governments from making decisions on whether to limit cooperation with the federal government on immigration enforcement. 

Senate Budget Committee Chair Lindsey Graham of South Carolina argued that sanctuary cities — a term used by critics — undercut federal law, and local policies shielding immigrants without legal status should be banned. President Donald Trump has called on Republicans who control Congress to act.

“What’s the upside of ignoring federal law and keeping people like this out of federal custody?” Graham said. “It’s a political choice.”

As the Trump administration aims to carry out mass deportations, federal immigration officials have increased enforcement in the interior of the country, targeting cities with high immigrant populations that are led by Democrats such as Chicago, Los Angeles, Minneapolis and the District of Columbia. 

All those cities have policies that bar assistance to the federal government in immigration enforcement. 

“Our Democratic friends are accepting of a sanctuary policy. They don’t think it’s a problem. I do,” Graham said. “Let’s have a debate. Let’s have a vote. This will be good for the country going into 2026 as to who should be in charge of controlling our borders and enforcing law.” 

He did not cite specific legislation he favors, but last month he introduced a bill, S.3805, that would make it unlawful for states and local governments to pass laws that limit cooperation with federal immigration enforcement. 

One of the witnesses tapped by Republicans, former DHS Secretary Chad Wolf, who served in the first Trump administration, agreed.

“To restore the rule of law, the era of sanctuary cities needs to come to an end,” Wolf said. 

Immigration enforcement funds

The top Democrat on the committee, Jeff Merkley of Oregon, said the committee should instead be conducting oversight of the $170 billion Congress provided to the Department of Homeland Security through the 2025 tax cuts and spending package known as the “Big, Beautiful Bill.”

He argued that under that funding, U.S. Immigration and Customs Enforcement has conducted aggressive immigration enforcement, wearing masks and conducting warrantless arrests. 

“We now have a secret police called ICE,” Merkley said.

He noted that three U.S. citizens have been killed by federal immigration agents: Renee Good and Alex Pretti in Minnesota, and Ruben Martinez in Texas. 

Merkley also pushed back on the assumption that immigration enforcement does not occur in states and cities that are referred to by Republicans as sanctuary cities. 

“Sanctuary is a bit of a misnomer,” Merkley said. “It refers to the decision that local police will serve as local police and not be commandeered to be assisting ICE agents.”

Sen. Sheldon Whitehouse, Democrat of Rhode Island, said in his state, there is a legal precedent to not hold an immigrant for ICE to pick up because it would be regarded as an unlawful detainment.

“It is binding law that state and local officials who hold somebody under an ICE detainer, where ICE hasn’t bothered to get a warrant, can be held civilly liable,” Whitehouse said.

Graham took issue with the requirement for a judicial warrant and said the need for it to deport someone is “stupid.” 

“All of a sudden we’re Nazis,” Graham said.

Democrats are calling for ICE to use judicial warrants when making an arrest of a person in the country without legal authority, not for deportations. 

Budget Committee role

Democrats argued that the Budget Committee instead of immigration policy should be addressing fiscal issues, such as the spike in oil prices due to President Donald Trump’s decision to join Israel in its war with Iran. 

California Democratic Sen. Alex Padilla said Tuesday’s hearing was “off-base.”

“Gas prices are spiking because of an unauthorized war with Iran,” he said. 

Democratic Sen. Ben Ray Luján of New Mexico agreed, and said the hearing should focus on affordability and the rising cost of living. 

Graham said he would hold a future hearing on affordability. 

Several Democratic states are moving to bar federal immigration agents from being near polling places and other election sites, amid persistent worries that President Donald Trump will use federal law enforcement or the military to disrupt the midterm elections.

Measures to restrict federal agents from operating at or near election-related locations have been offered in more than half a dozen states, according to a Stateline count. While the proposals vary, they broadly seek to combat the prospect of chaotic confrontations between federal agents and voters this November.

A federal law dating to the end of the Civil War already bans sending the military or other “armed men” to polling places, except to repel armed enemies of the United States. The U.S. Constitution also gives states — not the president or federal government — the responsibility for running elections.

But Trump’s calls to nationalize elections, his promise to impose voting restrictions with or without Congress, and his history of working to overturn the 2020 presidential election is prompting some Democratic state lawmakers to act. Adding to lawmakers’ fears is the FBI’s January seizure of ballots from the 2020 election in Fulton County, Georgia, and U.S. Department of Justice lawsuits against dozens of states for copies of their voter rolls that include sensitive personal information.

The president’s party typically loses ground in Congress in midterm elections. Given that, Democrats fear Trump is laying the groundwork to block or cast doubt on a losing outcome.

“When the president says he’s going to break the law, I actually believe him,” said California state Sen. Tom Umberg, a Democrat who has introduced legislation that would prohibit federal immigration enforcement within 200 feet of polling places. He said Trump’s call to “nationalize” elections was the “triggering event” that prompted him to offer the bill.

Legislation to restrict immigration enforcement or the presence of federal forces near polling places and other election sites has been offered or announced in California, Connecticut, New Mexico, Pennsylvania, Rhode Island, Virginia and Washington. A bill has also been introduced in Kansas, which has a Democratic governor, but the measure is unlikely to pass in the Republican-controlled legislature.

The bills focus on immigration enforcement, but the New Mexico legislation would go further, prohibiting the military or any armed federal personnel from polling locations.

The Trump administration and its supporters have suggested that the president might order U.S. Immigration and Customs Enforcement, or ICE, to the polls. After former Trump adviser Steve Bannon in early February said ICE will surround polling places, White House press secretary Karolina Leavitt said she couldn’t guarantee an ICE agent wouldn’t be near a polling place

Trump allies have also circulated a draft executive order that Trump could sign declaring a national emergency and attempting to assert broad powers over elections, The Washington Post reported last week. Trump told reporters on Friday that he had never heard of the draft order.

But during a conference call last week for election officials from across the country, the Department of Homeland Security committed to not placing ICE agents at any polling places in 2026, according to both Republican and Democratic secretaries of state who were on the call.

Homeland Security told Stateline in a statement that ICE isn’t planning operations “targeting” polling places, but could arrest individuals if an active public safety threat endangered a polling location.

“There’s no reason for us to deploy to a polling facility,” ICE’s current leader, Todd Lyons, told Congress in February.

Democratic state lawmakers calling for election-related restrictions on ICE in state law say they don’t want to take any chances.

“I think this is just prudent, wise policy to do what we all know is right, which is to protect polling places,” said Virginia Democratic state Del. Katrina Callsen, the chief sponsor of a bill that would prohibit federal civil immigration enforcement within 40 feet of polling places and voting counting sites.

The New Mexico legislature in February passed a measure that largely mirrors restrictions in federal law against armed federal personnel at polling places. The bill is now before Democratic Gov. Michelle Lujan Grisham.

The bill says officials generally cannot order or bring troops or other armed federal agents to polling places or parking areas for polling places beginning 28 days before Election Day, when early in-person voting begins. It also would prohibit officials from changing who is qualified to vote contrary to New Mexico law or from imposing election rules that conflict with state law. Violators would be guilty of a felony.

New Mexico lawmakers offered the legislation the day after Trump’s initial remarks about wanting to nationalize elections. New Mexico Democratic state Sen. Katy Duhigg, the bill’s lead sponsor, said she wanted a measure that wouldn’t run into issues with the U.S. Constitution’s supremacy clause, which says federal law supersedes state law.

“I think a lot of states, frankly, are trying to figure out what to do right now,” Duhigg said, adding that courts will likely be asked to sort through new state-level limits on federal forces. “This seems like a reasonable approach to try.”

Republican lawmakers opposed

Some Republican state lawmakers are dismissive of the Democratic measures, casting them as unnecessary.

“I just cannot imagine the president, as much as you might dislike him, ordering federal troops to seize New Mexico elections by armed force,” New Mexico Republican state Sen. William Sharer, the minority leader, said during debate. Sharer didn’t respond to an interview request from Stateline.

In Washington state, one bill would require local election officials to block anyone from accessing areas where ballots are processed or counted for the purposes of immigration enforcement. Law enforcement could be allowed access with a judicial warrant or court order, however.

Washington state Rep. Jim Walsh, a Republican who also chairs the state party, characterized the proposal as “fearmongering” and a solution in search of a problem — unless its supporters acknowledge that people in the country illegally are voting. And he claims Washington doesn’t have the authority to legally bar ICE from areas of an election office.

Washington Democratic state Sen. Drew Hansen, the bill’s lead sponsor, said election workers counting ballots deserve to be able to perform their task without interference from federal immigration authorities. Hansen noted that ICE “does not have a perfect track record, to say the least, of only detaining extremely dangerous, violent noncitizens.”

More than 170 U.S. citizens have been held by immigration agents during Trump’s second term, ProPublica reported in October. A December report by Democrats on the U.S. Senate Permanent Subcommittee on Investigations identified at least seven U.S. citizens who were held for more than 24 hours.

In Arizona, some Republicans want to encourage an ICE presence at the polls. In February, Republican state Sen. Jake Hoffman offered a bill that would require counties to sign an agreement with ICE to provide a federal law enforcement presence at polling places.

Hoffman didn’t respond to an interview request from Stateline. A scheduled committee hearing on the measure was canceled in February, likely killing the bill. Still, the underlying proposal could be resurrected, Arizona Mirror reported.

“Arizonans deserve to know that election laws are not just written in statute but actually enforced in practice,” Hoffman said in a news release.

Existing federal laws against federal election interference are specific and straightforward, said Sean Morales-Doyle, director of the Voting Rights and Elections program at the left-leaning Brennan Center for Justice at New York University. States such as Arizona don’t get a “free pass” to violate federal law, either, he said.

Options exist to hold people accountable under federal law, Morales-Doyle said. If ICE agents deployed to polling places, federal prosecutors would have five years to bring charges against ICE personnel under the statute of limitations. While the Justice Department under the Trump administration would be unlikely to bring charges, he noted, the time limit extends into the next presidential administration.

Still, Morales-Doyle said he understands why people are skeptical, given how ICE and other elements of the Trump administration have behaved.

“So it is, I think, important to think about what state legal mechanisms there are for holding people accountable,” he said.

Local enforcement

Some of the state legislative proposals would place local election workers on the front lines of resisting federal interference.

The Washington state measure would instruct multiple election workers, when possible, to document incidents in which they deny permission to enter areas that are off limits to immigration enforcement. The New Mexico bill would allow county clerks and voters who experienced intimidation to sue over alleged violations, in addition to state officials.

The California legislation goes perhaps the furthest in empowering local election officials. It would allow county election officials to keep polls open if they determine that voting was disrupted because of violations of a ban on federal immigration enforcement nearby.

Some local election officials appear hesitant to discuss the proposals and whether they are preparing for the possibility of federal interference. The president of the California Association of County Clerks and Elected Officials and the clerks chair of New Mexico Counties, a statewide advocacy group for county officials, didn’t respond to requests for interviews. The Washington State Association of County Auditors declined to comment.

More broadly, other election officials have said the possibility of federal interference is informing their preparations for the midterm elections. Scott McDonell, the Democratic clerk of Dane County, Wisconsin, which includes Madison, told Stateline in February that while Trump’s desire to “nationalize” elections isn’t possible under the Constitution, he is paying attention to agencies that answer to Trump.

“What does the president actually control? The FBI, National Guard, ICE, DOJ in general. That’s far more concerning,” McDonell said. (State national guards can be federalized by the president.)

Barbara Richardson Crouch, the Republican registrar of voters in the Town of Sprague, Connecticut, said she prefers no law enforcement at polling places — whether local, state or federal.

In Connecticut, legislators plan to offer a measure to restrict federal immigration enforcement within 250 feet of a polling place or other election site. Crouch, who has been involved in election administration for nearly two decades, said she has long dealt with concerns surrounding law enforcement at voting sites, but that those fears in the past centered on state and local police.

Crouch said a state trooper typically comes through her polling place in the early morning as election workers are setting up, and then again when polls close. Law enforcement is on call, but Crouch said she believes that if someone sees law enforcement, it sends a message that the area isn’t safe.

“I personally have never liked police at election places, even local police,” Crouch said.

Stateline reporter Jonathan Shorman can be reached at jshorman@stateline.org.

WASHINGTON — President Donald Trump Thursday said Homeland Security Secretary Kristi Noem will be leaving the post for a job as a special envoy, following an appearance before a U.S. Senate panel this week that provoked bipartisan criticism of her handling of the department that is tasked with fulfilling the administration’s mass deportation campaign. 

Oklahoma GOP Sen. Markwayne Mullin, a Trump loyalist who has championed the president’s war against Iran, will lead the Department of Homeland Security, the president wrote on his social media site, TruthSocial.

“I thank Kristi for her service at ‘Homeland,’” Trump wrote, adding that her role ends March 31.

In a social media post, Noem wrote she looked forward to her new role as a special envoy for a new “Security Initiative in the Western Hemisphere.”

In that role, she will work with Secretary of State Marco Rubio and Secretary of Defense Pete Hegseth, she said, adding that her new position will “build on the partnerships and national security expertise” that she made as DHS secretary, but did not go into detail. 

“I look forward to working with them closely to dismantle cartels that have poured drugs into our nation and killed our children and grandchildren,” she said, adding that the “Western Hemisphere is absolutely critical for U.S. security.” Trump said her title would be special envoy for the Shield of Americas, “our new Security Initiative in the Western Hemisphere” that will be announced at a conference in Doral, Florida, on Saturday.

As members of Congress and other officials reacted to the sudden news of Noem’s ouster Thursday, the outgoing secretary spoke at a previously scheduled event with local law enforcement leaders at a conference in Nashville. 

Noem took questions from the officials in the room, but was not asked about the shakeup and did not address it.

In a social media post, Mullin said he was grateful for the nomination and, if confirmed, would support Trump’s “mission to safeguard the American people and defend the homeland.”

“I look forward to earning the support of my colleagues in the Senate and carrying out President Trump’s mission alongside the department’s many capable agencies and the thousands of patriots who keep us safe every day,” he said. 

Senate hearing

In the heated hourslong oversight Tuesday hearing before senators, Republicans grilled Noem over handing no-bid contracts to close allies and her agency’s slow disaster relief response. 

North Carolina Republican Sen. Thom Tillis berated Noem for a full 10 minutes, criticizing her for a policy she instituted to require disaster relief funds over $100,000 to be approved by her, which he said created a bottleneck in approving funds to his state that is recovering from Hurricane Helene.

He slammed her leadership at DHS as a “disaster” and said it showed the same bad decisionmaking that led her to shoot and kill her 14-month-old dog named Cricket, which she detailed in her 2024 memoir. 

After the president announced Thursday that he would nominate Mullin to lead DHS, Tillis gave his support in a social media post.

“Senator Markwayne Mullin is a great guy and a great choice to lead DHS, restore competence, and refocus efforts on quickly distributing disaster aid, keeping the border secure, and targeting violent illegal immigrants for deportation,” Tillis said. “Another big positive: he likes dogs.”

Also cited were multiple video recordings that contradicted her statements that two U.S. citizens killed by her federal immigration officers in Minneapolis were “domestic terrorists.”

Senate Democrats have refused to approve funding for the Department of Homeland Security, now at day 19 of a shutdown, unless certain policy changes are made to immigration enforcement tactics. A vote in the Senate to move forward on approving a funding bill for the agency failed again on Thursday, in a 51-45 vote. Sixty votes are required.

Ad campaign 

The Wall Street Journal reported earlier Thursday that Trump was planning to fire Noem after she said during the Senate hearing that a special $220 million ad campaign that prominently featured her was personally signed off on by the president. 

Louisiana Sen. John Kennedy questioned Noem about her decision to award a no-bid contract for the ad campaign, in which she pressured immigrants in the country without legal authority to “self deport.” 

A ProPublica investigation found that Noem awarded the contract to the husband of former DHS spokesperson Tricia McLaughlin.

Kennedy asked Noem if the president was aware of the cost of the ad campaign. Noem said Trump knew about it and approved it. 

According to the Wall Street Journal’s Thursday story, the president had not agreed to the campaign, and he was frustrated with its self-promoting style. 

Kennedy had mused to Noem that the ad campaign was “effective in (boosting) your name recognition.”

Minneapolis killings

Democrats have called for Noem to step down following the deaths of U.S. citizens in Minnesota, Renee Good and Alex Pretti, both 37.

Noem had approved an aggressive immigration operation, sending more than 2,000 federal immigration agents to the city. The months-long operation in a city with a high Somali refugee population sparked massive protests and community pushback. 

Following Pretti’s death, the second, Trump directed White House border czar Tom Homan to take over the operations.

Cabinet departure

Noem is the first high-profile Cabinet official to leave her role, which she’s held for a little over a year. 

A similar inflection point with the Trump administration’s immigration policy occurred in the president’s first term in 2018, when huge controversy was generated when parents were separated from their children at the southern border. 

Then-DHS Secretary Kirstjen Nielsen was charged with implementing the policy, which was crafted by Stephen Miller, who is still a top architect of the Trump administration’s immigration policy. Nielsen eventually resigned from her role months later.  

Back to South Dakota?

While the president said Noem will move into another role, the former governor of South Dakota could still have a future in her home state with a potential primary race against Republican Sen. Mike Rounds.

To earn a spot on the June 2 primary ballot, Noem would have to gather nominating petition signatures from 2,171 registered South Dakota voters by March 31.

If that race were to materialize, it would pit two former governors against each other. Rounds was governor of South Dakota from 2003 to 2011, and Noem served from 2019 until last year, when she resigned to join Trump’s Cabinet.

However, such a race would be an uphill battle for her as Rounds already earned a reelection endorsement from Trump in July. 

Before she was governor, Noem served in the U.S. House as South Dakota’s lone representative. She could seek a return to that position, because Republican Rep. Dusty Johnson is running for governor. 

The leading candidate for the state’s Republican nomination for U.S. House is Attorney General Marty Jackley, who lost to Noem in the 2018 Republican gubernatorial primary.

Markwayne Mullin 

Mullin, if confirmed by the Senate, would be the first Native American to lead DHS. He is an enrolled member of the Cherokee Nation. 

Mullin appears to have little experience in homeland security. In the Senate, he does not sit on any committee that oversees or appropriates funds to the agency. 

He’ll be tasked with carrying out the president’s campaign promise of mass deportations, along with leading crucial agencies such as the Federal Emergency Management Agency, transportation security and cyber security, among other departments. 

He would also be taking over an agency that received a separate funding stream from Congress that provides more than $170 billion for immigration enforcement and detention, which he voted for last year. 

Mullin will have to leave the Senate in order to run the agency, if confirmed. Another former senator who serves in Trump’s cabinet, Rubio, resigned as Florida’s senator after the Senate confirmed him in a 99-0 vote. Rubio voted for himself before submitting his resignation.

In his time in the House from 2013 to 2023, Mullin sat on the Energy and Commerce, Transportation and Infrastructure and Natural Resources committees.

In the Senate, he sits on the Appropriations, Armed Services, Indian Affairs and Health, Education, Labor, and Pensions committees.

During a 2023 HELP Committee hearing, Mullin challenged International Brotherhood of Teamsters President Sean O’Brien to a physical fight.

On Appropriations, he chairs the panel that handles funding for the legislative branch, and on the HELP Committee, he chairs the panel on Employment and Workplace Safety.  

He would undergo a confirmation hearing before the Senate Committee on Homeland Security and Governmental Affairs, where he called the committee chair, Sen. Rand Paul of Kentucky, a “freaking snake,” and said he understood why Paul’s neighbor assaulted him, according to an Oklahoma journalist. 

Paul’s ribs were broken by his neighbor in the assault in 2017.

Seth Tupper contributed to this report.

WASHINGTON — U.S. House Republicans spent a Wednesday oversight hearing with Homeland Security Secretary Kristi Noem blasting local governments for policies that limit immigration cooperation, while Democrats slammed her leadership of the department, saying it led to the deaths of two U.S. citizens in Minneapolis. 

House Republicans were more friendly to Noem than GOP senators who on Tuesday pressed, and at times yelled at, her for her quick judgment in labeling those killed in Minneapolis — Renee Good, a poet and mother of three, and Alex Pretti, an intensive care unit nurse — as domestic terrorists. Senators were also critical of slow responses from the Federal Emergency Management Agency.

At the House Judiciary Committee hearing, Chairman Jim Jordan of Ohio blamed the Biden administration for immigration policies Jordan said created a crisis and slammed local jurisdictions that decline to assist the federal government in immigration enforcement, often referred to as sanctuary cities. 

He referred to that as “the dumbest policy I have ever heard,” and vowed that Congress would ban it.

During the nearly six-hour hearing, Noem said she agreed, and supported Republicans’ efforts to move forward with legislation to prevent states and local governments from resisting immigration enforcement.

“Illegal aliens that come into this country know where they can go where elected officials will protect them,” she said.

Republicans also criticized Democrats for refusing to approve funding for the Department of Homeland Security for fiscal year 2026 unless there are changes to immigration enforcement tactics. Democrats took a hard line on the issue following Pretti’s death in late January. 

The House Wednesday voted 211-209 to advance a DHS funding bill. A final vote is expected Thursday. 

‘Blankie’ left on jet

The top Democrat on the panel, Jamie Raskin of Maryland, took up a litany of issues with Noem, starting with a report from the Wall Street Journal that detailed how special government employee and top Noem adviser Corey Lewandowski fired a U.S. Coast Guard pilot after Noem’s blanket was left behind on a prior flight. 

The pilot had to be rehired because no one else could fly the plane, according to the WSJ story. 

“Apparently when your special blanket, your blankie, was left on one of the government jets and not transported over to the new one, your special government employee, Corey Lewandowski, chivalrously stepped forward to fire the pilot — mid-air,” Raskin said. “But then he had to be rehired immediately because there was no one else who could fly the two of you on the rest of the journey home.”

Noem denied the story.

Florida Democratic Rep. Jared Moskowitz, pressed Noem about multiple media reports that she currently has a romantic relationship with Lewandowski and raised concerns about how much authority Lewandowski has at the agency.

“You go off and you attack conservative women, and you say that we’re either stupid or we’re sluts,” Noem said, but did not answer if she was having an affair. 

Moskowitz also said he got Noem a “new Coast Guard blankie” and held up a packaged blanket with the emblem of the Coast Guard.

FEMA problems

As in Tuesday’s Senate hearing, Noem was again grilled by a North Carolina lawmaker over delays in FEMA assistance, with Democratic Rep. Deborah K. Ross filling the role Wednesday.

Ross said that thousands of residents in western North Carolina are still waiting for Noem to approve additional FEMA funding that Congress provided in a separate disaster relief funding law after Hurricane Helene in 2024.  

“These delays in paying out this desperately needed recovery funds are simply unacceptable, and you heard that from my Republican senator, (Thom) Tillis, yesterday,” Ross said. 

Ross slammed Noem for instituting a policy to require any FEMA contract costing more than $100,000 to be approved by her first. 

Ross said that policy “has contributed to many of these delays, creating a bottleneck, blocking reimbursement for hundreds of millions of dollars of disaster funding that stand directly between North Carolinians and that relief.” 

Noem blamed former President Joe Biden for not sending disaster relief money to the state, saying he “failed North Carolina,” and that the state had received billions more under the Trump administration.

“Because we appropriated the money!” Ross shouted. 

In late December 2024, Congress passed a separate disaster relief package that Biden signed into law in the final month of his term.

Minneapolis questions

Noem was pressed by Raskin about referring to Good and Pretti, both 37 years old and shot and killed by federal immigration agents, as domestic terrorists. 

“I want to give you a chance before the entire country to correct your false and defamatory claim based on what you know today, Madam Secretary, were Renee Good and Alex Pretti domestic terrorists?” Raskin asked. 

Noem did not answer repeated questions from Raskin if she believed Good and Pretti were domestic terrorists, but said “what happened in Minnesota in those two incidents was an absolute tragedy.”

WASHINGTON — As they seek to curb President Donald Trump’s aggressive approach to immigration enforcement, congressional Democrats are looking to formalize some guidelines previous administrations used.

Of the 10 policy proposals Democratic leaders offered in negotiations to reopen the Department of Homeland Security, which has been in a funding lapse since Feb. 14 in the midst of widespread uproar over the fatal shootings of two U.S. citizens by immigration officers in Minneapolis last month, seven have been employed in at least some form by previous administrations.

Democrats are asking the Trump administration to reinstate policies it has rejected in its controversial push to carry out mass deportations. Prior policies Democrats want to formalize include use-of-force standards, allowing unannounced visits by members of Congress to facilities that detain immigrants and obtaining judicial warrants before entering private residences.

“Many of the things the Democrats are asking for are to revert to prior policies,” said Theresa Cardinal Brown, a senior DHS official during the George W. Bush and Barack Obama administrations. “Some of them are responding to the ways this administration is carrying out its operations that previous administrations did not.”

Formalizing the policies in law, as part of a deal to pass a fiscal 2026 funding bill for the department, would make them more permanent.

“Policies and guidance … apply as the current leadership applies them,” Cardinal Brown said. “They’re not absolutes, and they can be changed much more frequently.”

But an agreement between congressional Democrats and the White House on changes to immigration enforcement appears elusive. The White House’s response to the proposals was “incomplete and insufficient,” House Minority Leader Hakeem Jeffries and Senate Minority Leader Chuck Schumer said in a Feb. 9 statement. 

No recent movement on negotiations

Democrats late Monday sent over a counterproposal to Republicans and the White House, but did not make public what those changes were, according to a statement from party leaders.

While there is bipartisan support for some of the proposals, like requiring body-worn cameras, others, such as barring immigration agents from wearing face coverings and requiring judicial warrants to enter private property, have been rejected outright by the Trump administration.

A White House official said the “Trump Administration remains interested in having good faith conversations with the Democrats.” 

“President Trump has been clear – he wants the government open,” according to the White House official.

Even with the department shut down, immigration enforcement will continue, due to $170 billion in funding in the massive tax cuts and spending package Trump signed into law last year. 

Democrats’ proposals do not include consequences if DHS doesn’t comply, which raises an issue of effectiveness, said Heidi Altman, vice president of policy at the National Immigration Law Center, an advocacy group that aims to provide free or low-cost legal services for immigrants.

“When Congress is negotiating policy measures, are they also putting teeth to those policy measures, and are they yanking away the funds that we know ICE and CBP will use to violate guardrails to begin with?” Altman said.

Changes demanded after Minneapolis deaths

After Renee Good was shot and killed by immigration officer Jonathan Ross on Jan. 7, lawmakers amended the Homeland Security funding bill to add guardrails, such as appropriating $20 million for body cameras and adding a requirement for DHS to report how funds from the tax cuts and spending package are being spent.

But a second death in Minnesota, that of intensive care unit nurse Alex Pretti on Jan. 24, spurred Democrats to reject funding for DHS without stronger policy changes to the enforcement tactics used by immigration officers at U.S. Immigration and Customs Enforcement and Customs and Border Protection. 

Only three of the 10 proposals from Schumer and Jeffries, both of New York, would be entirely new. 

They are: prohibiting ICE and other immigration enforcement agents from wearing face coverings, barring racial profiling after the Supreme Court cleared the way for the practice last year, and standardizing uniforms of DHS agents.

The heads of ICE and CBP rejected Democrats’ request to have their immigration officers forgo face coverings when asked during an oversight hearing before the House Homeland Security Committee last week. 

Acting ICE Director Todd Lyons and CBP Commissioner Rodney Scott, along with congressional Republicans, have argued that masks and face coverings prevent their officers from being doxed. 

Local cooperation

Other proposals, including barring of immigration enforcement of so-called sensitive locations such as religious places, child care facilities, hospitals and schools, would expand previous DHS guidance that restricted enforcement in such places.

The Democratic proposal calls for enforcement to be prohibited at those sensitive locations. Prior guidance allowed for the practice on a limited basis.

Then-acting ICE Director Caleb Vitello rescinded the policy shortly after President Donald Trump took office in January last year. There are several lawsuits brought by religious groups challenging the move by the Trump administration.

A requirement that immigration officials gain permission from local and state governments before undertaking large enforcement operations like the one in Minneapolis would build on previous policies of federal-local cooperation.

But that measure would be a long shot, Cardinal Brown said.

“I think that’s going to be a hard one,” she said. “The federal government has the authority to enforce immigration law anywhere in the country it wishes.”

She said a more realistic option would be for the federal government to inform or coordinate with local authorities for large-scale immigration operations. 

Another proposed requirement that DHS officials present identification also builds on a previous policy.

Another proposal builds on DHS policy of targeted enforcement by ending “indiscriminate arrests,” without warrants.

Under current immigration law, if an officer encounters a person believed to be in the U.S. unlawfully and can escape before a warrant is obtained, a warrantless arrest is lawful.

Democrats want to increase standards on the forms ICE uses to authorize an arrest. These administrative forms are not signed by a judge but instead by an ICE employee.

Judicial warrants

The remaining proposals would revert DHS policies to those in place under prior administrations’ guidance. Those include use-of-force standards, use of body cameras when interacting with the public, allowing members of Congress unannounced oversight visits at detention centers that hold immigrants and requiring a judicial warrant to enter private property.

An internal ICE memo, obtained by The Associated Press, showed that Lyons instructed ICE agents to enter private residences without a judicial warrant – a departure from longstanding DHS policy.

“This judicial warrant issue is so disturbing,” said Ben Johnson, executive director of the American Immigration Lawyers Association, or AILA.  

He said the question of whether a warrant is needed to enter private property was already decided under the Constitution’s Fourth Amendment. 

“The fact that it’s being discussed now is really frightening,” Johnson said.

Body cameras

Providing funds for DHS to acquire body cameras for immigration officers is one proposal Democrats and Republicans seem to have agreed on.

Earlier this month, DHS Secretary Kristi Noem announced that body cameras would be provided to all immigration agents in Minneapolis, and said that as “funding is available, the body camera program will be expanded nationwide.”

During an oversight hearing on Capitol Hill, Lyons said about 3,000 ICE officers currently have body cameras with another 6,000 cameras on the way. Scott said  roughly 10,000 Border Patrol agents, about half the total force, have body cameras.

But body cameras are not a guarantee against misconduct, Altman said.

CBP officials were wearing body cameras when Pretti was shot and killed. Scott said that footage would be released after the investigation is over.

“We see officers in the field right now wearing body-worn cameras engaging in abuse and violence on the daily,” Altman said. 

Oversight visits

One of the proposals would also end a DHS policy to require members of Congress to provide seven-day notice of oversight visits at facilities that hold immigrants, despite a 2019 appropriations law that allows for unannounced visits.

Since last summer, several lawmakers have been denied oversight visits at ICE facilities prompting them to sue in federal court. 

On the day funding for DHS lapsed, Feb. 14, the Department of Justice submitted a brief, noting that because of the shutdown, unannounced oversight visits by lawmakers can be denied. 

The administration argued that during the shutdown, immigration enforcement has been funded by the tax cuts and spending bill, which does not include language allowing unannounced visits, rather than regular appropriations. 

“There is no lawful basis for the Court to enjoin Defendants’ conduct so long as the restricted funds have lapsed,” according to the document.