Bill Summary
This resolution reaffirms that immigration officers, specifically those under the Department of Homeland Security (DHS), do not have the legal authority to arrest, detain, interrogate, or deport United States citizens. It emphasizes the fundamental rights afforded to individuals under the U.S. Constitution, particularly the Fourth Amendment, which protects citizens from unreasonable searches and seizures, and the Fifth Amendment, which guarantees the right to remain silent. Despite existing laws that prohibit such actions against citizens, reports have surfaced of wrongful arrests and detentions based on factors such as appearance or occupation. The resolution calls for stronger measures to prevent these unlawful enforcement actions, highlighting the importance of upholding constitutional rights and maintaining public trust in law enforcement.
Possible Impacts
Here are three examples of how the resolution could affect people:
1. **Increased Protection for U.S. Citizens**: The resolution reinforces the legal protections for U.S. citizens against wrongful arrest and detention by immigration officers. This means that individuals who might otherwise be targeted based on appearance or language can feel more secure in their rights as citizens, knowing that there are stronger measures in place to prevent wrongful enforcement actions. This could lead to increased trust in law enforcement and a sense of security among communities.
2. **Impact on Law Enforcement Practices**: The resolution mandates stronger protocols for immigration officers, which could change how they conduct their operations. Law enforcement agencies may need to undergo additional training to ensure compliance with the guidelines, focusing on distinguishing between citizens and non-citizens appropriately. This could reduce instances of mistaken identity and wrongful detentions, thereby improving community relations and officer accountability.
3. **Legal Recourse for Affected Individuals**: With the reaffirmation of citizens' rights and the prohibition against unlawful enforcement actions, individuals who have experienced wrongful arrests or detentions may have more grounds for legal action against government agencies. This could empower citizens to seek justice and hold immigration enforcement accountable, potentially leading to changes in policy and practice within these agencies to prevent future violations.
[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[S. Res. 341 Introduced in Senate (IS)]
<DOC>
119th CONGRESS
1st Session
S. RES. 341
Reaffirming that immigration officers under the direction of the
Department of Homeland Security are not authorized to arrest, detain,
interrogate, or deport United States citizens and must implement
stronger measures to prevent future wrongful enforcement actions
against such citizens.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
July 29, 2025
Mr. Gallego submitted the following resolution; which was referred to
the Committee on the Judiciary
_______________________________________________________________________
RESOLUTION
Reaffirming that immigration officers under the direction of the
Department of Homeland Security are not authorized to arrest, detain,
interrogate, or deport United States citizens and must implement
stronger measures to prevent future wrongful enforcement actions
against such citizens.
Whereas the United States was founded on the axiom that all individuals possess
natural rights, which cannot be taken away and must be protected by the
Government;
Whereas the Framers of the United States Constitution codified this ethos in the
Bill of Rights, including in the Fourth Amendment to the Constitution,
which--
(1) protects individuals from unreasonable searches and seizures; and
(2) therefore requires reasonable suspicion or probable cause of a
violation of the law to detain or arrest any person;
Whereas U.S. Immigration and Customs Enforcement and other immigration officers
under the direction of the Department of Homeland Security have no
authority to arrest, detain, interrogate, or deport United States
citizens when conducting civil immigration enforcement;
Whereas U.S. Immigration and Customs Enforcement's internal guidance, designated
as Policy Number 10074.2, states, ``As a matter of law, ICE cannot
assert its civil immigration enforcement authority to arrest and/or
detain a U.S. citizen.'';
Whereas, despite this legal prohibition, there have been numerous recent reports
of United States citizens, including children, veterans, and disabled
individuals, being illegally arrested, detained, and interrogated by
U.S. Immigration and Customs Enforcement and other immigration officers
based on their occupation, physical appearance, or refusal to speak with
officers, a right guaranteed by the Fifth Amendment to the Constitution;
Whereas such conduct violates the constitutional rights of United States
citizens, erodes the rule of law, puts law enforcement officer safety at
risk, and reduces trust in law enforcement; and
Whereas a government that unlawfully arrests, detains, and interrogates its own
citizens is antithetical to an open and transparent society: Now,
therefore, be it
Resolved, That the Senate reaffirms that U.S. Immigration and
Customs Enforcement and other immigration officers under the direction
of the Department of Homeland Security--
(1) are not authorized to arrest, detain, interrogate, or
deport United States citizens; and
(2) must implement stronger measures to prevent future
wrongful enforcement actions against such citizens.
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