ICE and CBP Heads Mum on Discipline Against Immigration Agents

The heads of Immigration and Customs Enforcement and Customs and Border Protection refused to tell lawmakers on Tuesday how many federal agents have been disciplined or investigated for wrongdoing.

During the heated three-hour hearing, Democrats in the House Homeland Security Committee confronted ICE acting director Todd Lyons and CBP Commissioner Rodney Scott with images and videos of the aggressive tactics their agents have used in cities as part of President Donald Trump’s push for mass deportations.

Lyons refused to apologize to the family of Renee Good, the slain 37-year-old mother and protester, for her killing at the hands of ICE agent Jonathan Ross in Minneapolis last month.

“I welcome the opportunity to speak to the family in private,” Lyons said after being asked if he would apologize and saying he would not.

Their testimony, alongside that of the head of U.S. Citizenship and Immigration Services, follows mounting bipartisan backlash against Homeland Security Secretary Kristi Noem and Gregory Bovino, the former Border Patrol commander-at-large removed from Minneapolis after his agents fatally shot Alex Pretti.

“This is the first time any of you have testified before our committee,” said Democratic Rep. Nellie Pou of New Jersey. “It took two American citizens being murdered in cold blood to get you to show up.”

The immigration enforcement leaders repeatedly clashed with Democrats. The committee’s Chair Andrew Garbarino admonished Rep. LaMonica McIver of New Jersey for asking Lyons, “Do you think you’re going to hell?”

“I’m not going to answer that,” Lyons said.

At another point, Democratic Rep. Dan Goldman of New York and Lyons got into a tiff over the comparisons between the Gestapo and ICE.

“I have a simple suggestion: If you don’t want to be called a fascist regime or secret police, then stop acting like one,” Goldman said.

Democratic Rep. Seth Magaziner of Rhode Island pressed Scott on whether Bovino would be investigated.

“Every allegation and every use of force is fully investigated,” Scott said. However, he said he couldn’t comment on personnel actions.

Republican Rep. Michael McCaul of Texas said he was pleased with Bovino’s replacement . He said he believed roving patrols shouldn’t happen in major cities.

“Agent Bovino came into the picture, and I would argue, in fairness, that he escalated the situation,” McCaul said.

Some Republicans in the committee, including Garbarino, pointed to the importance of transparency from the executive branch but stopped short from criticizing immigration enforcement operations.

“Elected leaders cannot rush to judgment,” Garbarino said. “I cannot put myself in the shoes of law enforcement, nor can I imagine what the families of Ms. Good and Mr. Pretti are enduring today. Public trust and public safety go hand in hand.”

Federal agents’ use of body cameras and their unmasking has been a sticking point in the negotiations between Democrats and the White House in funding the Department of Homeland Security.

“There need to be major reforms before we both give any of you any more funding,” Magaziner said. “Your agencies need to act like other law enforcement agencies: take off the masks, wear badge numbers and force discipline with real standards of conduct, but accountability starts at the top.”

Noem announced last week all federal agents in Minneapolis would receive body cameras. But Lyons wouldn’t commit to having all ICE agents use body cameras or not wear masks.

Only 23% of ICE agents deployed across the country have body cameras, Lyons said Tuesday.

Lyons said the agency is readying to outfit 6,000 more agents with body cameras. That still wouldn’t cover all of the roughly 13,000 ICE officers that Lyons said are currently in the field. About half of the 20,000 Border Patrol agents have body cameras, Scott said.

Noem is set to testify to the committee next month. Garbarino said that hearing would focus on the agency’s spending of the funds appropriated under Trump’s tax cut and spending package that supercharged DHS.