[Congressional Record Volume 172, Number 26 (Thursday, February 5, 2026)]
[Senate]
[Pages S498-S499]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
Department of Homeland Security
Mr. SCHUMER. Mr. President, for months--for months--Americans have
watched in horror as ICE agents have stopped acting like law
enforcement
[[Page S499]]
and started terrorizing communities across the country. In cities like
Minneapolis, Chicago, Phoenix, and elsewhere, Federal agents have been
running around with no identification, barging into homes without
warrants, arresting people without due process, using force in ways
that violate people's constitutional rights. On two occasions, American
citizens were executed in broad daylight. No other police department in
America--no city police, no sheriffs, no State police, or until
recently, no Federal police--would tolerate this kind of unrestrained
barbarity.
The American people are reacting. They are appalled. The data shows
that, overwhelmingly, even Republicans--non-MAGA Republicans in
particular--are really upset about these violations of rights. They
look at the pictures on TV, and they say: This is not America. This is
not America.
Well, Donald Trump is realizing that Americans are turning against
him on this issue. And it is not an immigration issue; it is a public
safety issue, and the Republicans are on the wrong side of public
safety right now. In fact, they are defending using tax dollars to
create chaos in our cities instead of using those dollars to reduce
costs of healthcare.
Well, Donald Trump is getting it. He called me last week because he
didn't want to have the six bills tied together. He knew Homeland
Security was much more of a problem.
And yesterday, in an interview, Trump said: ``[M]aybe we can use a
little bit of a softer touch'' when it comes to ICE's tactics.
Well, President Trump, if you want a softer touch, then the right
answer is to lean on Republican leaders in Congress to pass the
proposals Democrats have put together. Frankly, Republican leaders
can't get it done without you, President Trump, because they are too
scared and too gripped by the extreme right to do anything without your
backing.
Their immediate rejection of the Democrats' reasonable, commonsense
proposals was totally predictable because the Republican leaders don't
want ICE to have any accountability--totally adverse to what Americans
believe and want.
Passing legislation along the lines that Democrats have proposed is
the right thing to do. Americans already support our ideas. They are
not extreme. They mirror the same standards that law enforcement around
the country already follows.
The change, of course, will require legislation or the public won't
buy it, and legislation will require Donald Trump to push the
Republicans into action.
Leader Jeffries and I are ready to negotiate. Yesterday, we formally
shared our specific demands with Republican leadership about what must
happen to rein in ICE and stop the violence.
And Democrats in the House and Senate are on the same exact page
about what needs to be done to rein in ICE, end the violence. What must
we do? We must see the end of roving patrols. People can't just be
picked up on the street and thrown into some dark place with no
explanation as to why with no warrant. You can't barge into someone's
home without a warrant. That is what we are saying.
We need reasonable use-of-force policies like States do. Every State
has good rules for their police, for their sheriffs. Why should ICE be
the only exception? Why should they be allowed to continue to terrorize
our cities?
And, of course, we must have no secret police with masks off and
cameras on. Speaker Johnson--he says that is wrong.
Why? Explain it. Every local community--I am sure the communities
down in Louisiana, the sheriffs and State police, have full
identification of police officers.
Yes, there is a problem with doxing, and that can easily be dealt
with in the rare moment it happens. That doesn't require all masks stay
on. Everyone knows that. These are just excuses because they are afraid
of the rightwing who believe in this horrible stuff.
We also make clear that certain places like schools and churches and
election places should be off limits.
We make it clear that American citizens cannot be arrested and
detained without due process.
Republicans, Leader Thune, Leader Johnson, explain why you think it
is OK for American citizens to be arrested and detained without any due
process. Explain it.
Just like you have to explain why you want to keep the masks on. Just
like you ought to explain why people can be arrested without warrants.
Explain it: Why?
But, instead, just a quick, immediate dismissal because you are
afraid to negotiate.
Our demands are not crazy demands. It is the kind of stuff that
applies to police departments everywhere. We are not going out on a
limb saying Federal officers should have identification.
We know what we are talking about when we say that the Fourth
Amendment, which protects against unreasonable search and seizure,
should be obeyed. This is middle school civics class stuff we are
dealing with here.
So I am just astounded to hear Republicans like Johnson and
Republican Senators, some of them, say our proposals are somehow
political or nonstarters.
Political? Republicans think it is political and nonstarters to say
police should identify themselves? Explain that to America.
It is not political. It is the Constitution, and it is the moral and
right thing to do in a democratic country. It is about people's basic
rights. It is about people's safety.
If Republicans don't like our proposals, pouting is not going to make
the chaos in the streets go away. The Republicans need to explain why
to the American people. Let me say it again: If Republicans don't like
our proposals, pouting is not enough. They need to explain why to the
American people--because they don't have a good explanation. They are
just afraid of the rightwing, some of those crazies on the right who
actually do want to rip up the Constitution.
The truth is Republicans cannot explain why our ideas are extreme
because they know deep down that what ICE is doing is indefensible, so
they are stuck.
If Republicans think it is political or extreme to say ICE agents
ought to identify themselves, again, explain why to the American
people.
Johnson, explain why it is OK to do it in Louisiana but it is not OK
to do it here, to have police identify themselves.
If Republicans think it is political or extreme to say it is wrong
for ICE agents to raid churches and schools and hospitals--oftentimes
with no warrant and no cooperation with local police--they should
explain why.
If Republicans think the status quo with ICE is OK, they should back
it up and say so to the American people.
Now, most Americans, we Democrats, support law enforcement. We
support our police. They have hard jobs. They put their lives on the
line every day to keep us safe. What Americans don't support are the
kind of abuses ICE is committing with impunity across communities, and
police officers don't like it either. It gives them a bad name.
ICE's behavior is not law enforcement; it is thuggery. ICE's behavior
is not law enforcement; it is thuggery. It puts people in danger.
President Trump knows things have to change. He should lean on
Republicans in Congress to work with Democrats and deliver. This is a
gut-check moment for Congress. Americans expect nothing short of real,
meaningful, commonsense legislation. Americans expect us to rein in ICE
and end the violence, which we can do right here, if only the
Republicans cooperate and do the right thing.
I yield the floor.
I suggest the absence of a quorum.
The PRESIDING OFFICER. The clerk will call the roll.
The senior assistant legislative clerk proceeded to call the roll.
Mr. BARRASSO. Mr. President, I ask unanimous consent that the order
for the quorum call be rescinded.
The PRESIDING OFFICER. Without objection, it is so ordered.