119-sres341

[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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