WASHINGTON – Today, U.S Sens. Mark R. Warner (D-VA), Tim Kaine (D-VA), and John Fetterman (D-PA) released the following statement on the decision by the Department of Labor (DOL) Mine Safety and Health Administration (MSHA) to pause enforcement of its final rule to better protect America’s miners from health hazards related to exposure to respirable crystalline silica, or silica dust:

“Coal miners deserve to go to work every day and come back healthy, and the recent decision by the Mine Safety and Health Administration delaying enforcement of their landmark rule to better protect miners from silica dust is an alarming abdication of responsibility. Silica dust has caused severe black lung disease in young coal miners, and as the Trump administration continues to cause chaos through their indiscriminate funding cuts and firings, it’s our miners who are being left behind. We expect the Mine Safety and Health Administration to begin enforcement of this rule no later than their August 18, 2025 deadline.”

Last year, the senators applauded the DOL’s decision to amend current federal silica standards after spending years advocating for the updated rule to better protect miners from inhaling toxic chemicals.

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WASHINGTON – Today, U.S. Sens. Mark R. Warner and Tim Kaine (both D-VA) joined 43 of their Senate colleagues in introducing the Tax Cut for Workers Act and the American Family Act, legislation that would cut taxes for workers and families by expanding the Earned Income Tax Credit (EITC) and permanently expanding the Child Tax Credit (CTC), respectively.

“As the Trump administration continues to sow chaos with policies that help his billionaire friends and hurt everyday Americans, I’m proud to introduce legislation that will cut taxes for the middle class and working families,” said Sen. Warner. “By increasing the Earned Income Tax Credit and permanently expanding the Child Tax Credit, we can provide financial relief to hard-working Americans and their families, ensure that parents have resources to help their children thrive, and encourage economic growth.”

“Hard-working American workers and their families deserve a tax break. That’s why I’m glad to help introduce these bills to nearly triple the Earned Income Tax Credit for workers who do not have children and permanently expand the Child Tax Credit for those who do,” said Sen. Kaine. “At a time when the Trump Administration’s policies are centered around tax cuts for billionaires paid for by senseless tariffs and cuts to social services, this legislation is even more important. I urge my colleagues on both sides of the aisle to join us in focusing on cutting taxes for the middle-class.”

Specifically, the Tax Cut for Workers Act would nearly triple the maximum EITC for childless workers, and extended eligibility to workers over age 65 and qualifying workers under age 25.

The CTC is one the most effective tools to reduce poverty and put money back in the pockets of working families. The American Family Act would increase the value of the CTC from the current level of $2,000 per child to $6,360 for newborns, $4,320 for children ages one through six, and $3,600 for children age six through 17. It would also end the longstanding, discriminatory policy that reduces the value of the CTC for low-income families, ensuring that the families of 17 million low-income children left out of the CTC under current law will receive the same credit as families in the middle class. In addition, the legislation would provide for monthly delivery of the credit so families have access to the credit as bills arrive and index the CTC for inflation to preserve the value of the credit moving forward.

Sens. Warner and Kaine have long supported policies that would help working-class families. Both senators provided key votes for the passage of the American Rescue Plan Act in 2021, which dramatically reduced child poverty through an expansion of the Child Tax Credit. The senators both helped pass the landmark Inflation Reduction Act in 2022, which helped families in Virginia and across the nation through expanded subsidies for health insurance, clean energy tax credits for homes and automobiles, and investment in job creation. This month, Sens. Warner and Kaine successfully passed bipartisan legislation in the Senate to roll back President Donald Trump’s tariffs on Canadian goods.

Full text of the bills are available here and here. 

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WASHINGTON – Today, U.S. Sen. Mark R. Warner (D-VA), joined by U.S. Sens. Tim Kaine (D-VA), John Fetterman (D-PA), and Bernie Sanders (I-VT), wrote to Health and Human Services Secretary Robert F. Kennedy Jr. pushing back on his decision to gut the National Institute of Occupational Safety and Health (NIOSH), firing nearly 900 employees. Recent reporting has indicated that these firings include all employees tasked with protecting the health and safety of coal miners.

“According to reports, HHS is laying off approximately 873 employees, or two-thirds, of the National Institute for Occupational Safety and Health (NIOSH), part of the Centers for Disease Control and Prevention (CDC),” the senators wrote. “According to a notification provided to AFGE Local 1969, whose federal employee members are being impacted, all employees working on mining safety and health in NIOSH’s Spokane, WA and Pittsburgh, PA, offices are being let go. ,  The NIOSH Pittsburgh Mining Research Division focuses on coal miner safety, and the Spokane Mining Research Division specializes in hard rock mining, and are the two main research hubs for NIOSH’s Mining Research Program. Additionally, reports indicate more than 185 NIOSH employees are being laid off from its Morgantown, WV, office, who also work to protect miner health, among other occupational safety and health activities.”

The senators also highlighted the immediate impacts of this move, explaining that mining communities are already being left without key health services.

They continued, “We also have heard from those who work directly with our miner constituents in these communities that the Enhanced Coal Workers’ Health Surveillance Program is also being decimated. This program provides direct screening services via a mobile medical unit to miners at no cost. NIOSH also supports clinic sites where screening is done, so miners can understand if they are developing black lung or another condition and be as healthy as possible for themselves and their families.”

In their letter, the senators demanded answers from Secretary Kennedy, questioning how these crucial services will continue with a significantly reduced workforce. The senators requested a written response to the following:

1.  How many HHS employees who work in offices that work on mining health and safety have been fired, put on administrative leave, accepted the deferred resignation program offer, or accepted the VERA/VSIP offer since January 20, 2025? Provide a complete breakdown by agency and position. For each category of employee at each agency, provide information on GS level and veteran status, and clearly state the justification for termination. Include employees who have since been reinstated or placed on administrative leave, noting that change in status. Please provide the latest data available.
2. How many HHS employees remain who work on mining health and safety? Please provide a complete breakdown by agency and position.
3. How many additional employees who work in offices that work on mining health and safety do you intend to fire following the announcement made on March 27, 2025?
4. Provide all analyses conducted prior to the reorganization and firings of HHS employees who work in offices that focus on mining safety and health to determine the immediate and long-term impact these firings will have on programs and activities that those employees are tasked with administering. In particular, provide all analyses relating to 1) ensuring statutory obligations will be met, and 2) the Coal Workers’ Health Surveillance Program.

A copy of letter is available here and text is below.

Dear Secretary Kennedy:

We write today with alarming concern about reports that nearly the entire workforce that works to improve the health of miners was laid off and the office that oversees this work was eliminated. We urge you to reverse course immediately and ensure the Department of Health and Human Services (HHS) continues its important work in our states to protect and serve our constituents.

According to reports, HHS is laying off approximately 873 employees, or two-thirds, of the National Institute for Occupational Safety and Health (NIOSH), part of the Centers for Disease Control and Prevention (CDC).  According to a notification provided to AFGE Local 1969, whose federal employee members are being impacted, all employees working on mining safety and health in NIOSH’s Spokane, WA and Pittsburgh, PA, offices are being let go. ,  The NIOSH Pittsburgh Mining Research Division focuses on coal miner safety, and the Spokane Mining Research Division specializes in hard rock mining, and are the two main research hubs for NIOSH’s Mining Research Program. Additionally, reports indicate more than 185 NIOSH employees are being laid off from its Morgantown, WV, office, who also work to protect miner health, among other occupational safety and health activities. 

We also have heard from those who work directly with our miner constituents in these communities that the Enhanced Coal Workers’ Health Surveillance Program is also being decimated. This program provides direct screening services via a mobile medical unit to miners at no cost. NIOSH also supports clinic sites where screening is done, so miners can understand if they are developing black lung or another condition and be as healthy as possible for themselves and their families.

Never has there been a more critical time to do this work. A 2023 study conducted jointly by researchers at NIOSH and at the University of Illinois Chicago found that coal miners in central Appalachia—Virginia, West Virginia, and Kentucky—were eight times more likely to die from respiratory diseases like chronic obstructive pulmonary disease (COPD) and black lung than American men who are not miners.  Our constituents are getting more severe disease at younger ages in recent decades, and we might never had known that without the expertise of NIOSH’s work on coal miner health.

We require more than a fact sheet indicating these duties will be reorganized into an Administration for a Healthy America given the extensive cuts to personnel. In order for us to better understand how the same amount of work can be done with hundreds fewer individuals, please provide responses to the following questions by April 9, 2025:

1. How many HHS employees who work in offices that work on mining health and safety have been fired, put on administrative leave, accepted the deferred resignation program offer, or accepted the VERA/VSIP offer since January 20, 2025? Provide a complete breakdown by agency and position. For each category of employee at each agency, provide information on GS level and veteran status, and clearly state the justification for termination. Include employees who have since been reinstated or placed on administrative leave, noting that change in status. Please provide the latest data available.
2. How many HHS employees remain who work on mining health and safety? Please provide a complete breakdown by agency and position.
3. How many additional employees who work in offices that work on mining health and safety do you intend to fire following the announcement made on March 27, 2025?
4. Provide all analyses conducted prior to the reorganization and firings of HHS employees who work in offices that focus on mining safety and health to determine the immediate and long-term impact these firings will have on programs and activities that those employees are tasked with administering. In particular, provide all analyses relating to 1) ensuring statutory obligations will be met, and 2) the Coal Workers’ Health Surveillance Program.

Art Miller, an expert in mine air quality who has been working for NIOSH since 1996 and for its predecessor before this, was part of the Spokane-area firings. He noted that no one else does this kind of research and that “every worker in this country deserves to go home safe.”  We agree, and urge you to reverse these cuts before it’s too late.

Sincerely,

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WASHINGTON – Today, Vice Chairman of the Senate Select Committee on Intelligence Mark R. Warner (D-VA), Ranking Member of the Senate Armed Services Committee Jack Reed (D-RI), and Ranking Member on the Senate Appropriations Subcommittee on Defense Chris Coons (D-DE), led their committee colleagues in a letter to President Trump regarding the firing of the Director of the National Security Agency (NSA) and Commander of U.S. Cyber Command (CYBERCOM), General Timothy Haugh, as well as the reassignment of the Deputy Director of the NSA, Wendy Noble.

Joining Vice Chairman Warner and Ranking Members Reed and Coons in this letter are Sens. Patty Murray (D-WA), Jeanne Shaheen (D-NH), Dick Durbin (D-IL), Gary Peters (D-MI), Brian Schatz (D-HI), Elizabeth Warren (D-MA), Richard Blumenthal (D-CT), Ron Wyden (D-OR), Michael Bennet (D-CO), Tammy Duckworth (D-IL), Kirsten Gillibrand (D-NY), Martin Heinrich (D-NM), Mazie Hirono (D-HI), Tim Kaine (D-VA), Angus King (I-ME), Jon Ossoff (D-GA), Jacky Rosen (D-NV), Elissa Slotkin (D-MI), Mark Kelly (D-AZ), Tammy Baldwin (D-WI), and Chris Murphy (D-CT).

“These actions severely compromise our ability to keep Americans safe. As you are well aware, our nation currently faces serious cyber threats from foreign adversaries, such as from China’s Salt Typhoon, with near-daily attacks against our critical infrastructure,” the senators wrote. “In addition, our nation’s military is engaged in ongoing operations against multiple threats, from the Houthis in Yemen to Russian aggression in Eastern Europe. Given the dangers facing the United States, it is inexplicable that the Administration would remove the senior leaders of NSA/CYBERCOM without cause or warning, and risk disrupting critical ongoing intelligence operations.”

The senators also highlighted the impact this move would have on the dual-hat arrangement, in which a single officer leads both the NSA and CYBERCOM, and stressed that prematurely severing this agreement could put U.S. national security at risk.

They continued, “Premature termination of the dual-hat arrangement would severely degrade the speed and effectiveness of NSA’s and CYBERCOM’s abilities to execute their missions and could have dire consequence for our national security. As Congress on an overwhelmingly bipartisan basis has repeatedly made clear in the National Defense Authorization Acts for Fiscal Years 2017, 2018, and 2020, clear criteria must be met before any termination can be considered and both the Secretary of Defense and the Chairman of the Joint Chiefs must together certify that separation will not “pose risks to the military effectiveness of the United States Cyber Command that are unacceptable to the national security interests of the United States.”

As members of the key committees tasked with conducting oversight over NSA, the senators requested written justification for why Director Timothy Haugh and Ms. Wendy Noble were removed from their posts, and asked for a Congressional briefing regarding any additional actions the administration plans to take with respect to NSA and CYBERCOM, including but not limited to the separation of the dual-hat.

A copy of letter is available here and text is below.

Dear President Trump,

We write with alarm at the sudden and inexplicable firing of the Director of the National Security Agency (NSA) and Commander, U.S. Cyber Command, General Timothy Haugh, as well as the reassignment of the Deputy Director of the NSA, Wendy Noble. Not only have both dutifully served this nation for decades under both Democratic and Republican administrations, but their removals were conducted in the middle of the night with no consultation with Congress and, according to reports, at the behest of a private citizen who has a record of promoting conspiracy theories.

These actions severely compromise our ability to keep Americans safe. As you are well aware, our nation currently faces serious cyber threats from foreign adversaries, such as from China’s Salt Typhoon, with near-daily attacks against our critical infrastructure. In addition, our nation’s military is engaged in ongoing operations against multiple threats, from the Houthis in Yemen to Russian aggression in Eastern Europe. Given the dangers facing the United States, it is inexplicable that the Administration would remove the senior leaders of NSA/CYBERCOM without cause or warning, and risk disrupting critical ongoing intelligence operations.

Furthermore, we urge you to exercise careful consideration and consultation with Congress on any further actions that may impact NSA’s or CYBERCOM’s abilities to provide the critical intelligence and operational support to policymakers and warfighters. This includes, but is not limited to, any considerations to terminate the dual-hat arrangement. Premature termination of the dual-hat arrangement would severely degrade the speed and effectiveness of NSA’s and CYBERCOM’s abilities to execute their missions and could have dire consequence for our national security. As Congress on an overwhelmingly bipartisan basis has repeatedly made clear in the National Defense Authorization Acts for Fiscal Years 2017, 2018, and 2020, clear criteria must be met before any termination can be considered and both the Secretary of Defense and the Chairman of the Joint Chiefs must together certify that separation will not “pose risks to the military effectiveness of the United States Cyber Command that are unacceptable to the national security interests of the United States.”

As Members of the respective committees of oversight, we request that you formally provide in writing a justification for why Director Timothy Haugh and Ms. Wendy Noble were removed from their posts and provide a briefing to Congress on any additional actions you plan to take with respect to NSA and CYBERCOM, including but not limited to the separation of the dual-hat.

Sincerely,

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 WASHINGTON – Senate Select Committee on Intelligence Vice Chairman Mark R. Warner (D-VA) released the following statement on General Tim Haugh, Commander, U.S. Cyber Command and Director, National Security Agency/Chief, Central Security Service:

“General Haugh has served our country in uniform, with honor and distinction, for more than 30 years. At a time when the United States is facing unprecedented cyber threats, as the Salt Typhoon cyberattack from China has so clearly underscored, how does firing him make Americans any safer?

“It is astonishing, too, that President Trump would fire the nonpartisan, experienced leader of the National Security Agency while still failing to hold any member of his team accountable for leaking classified information on a commercial messaging app – even as he apparently takes staffing direction on national security from a discredited conspiracy theorist in the Oval Office.”

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WASHINGTON – Today, U.S. Senators Tim Kaine (D-VA), Mark R. Warner (D-VA), and Lisa Murkowski (R-AK) introduced the bipartisan Save Our Seafood (SOS) Act, which would exempt fish processors—which are critical to Virginia’s economy—from the H-2B visa cap, which has made it difficult for local seafood processors to hire the seasonal workforce they need.

“The seafood industry is a critical part of Virginia’s economy, especially in Hampton Roads and on the Eastern Shore,” said Kaine. “I often hear from Virginia’s seafood processors about how hard it is to find seasonal workers, so I’m glad to introduce this bipartisan legislation with my colleagues to make it easier for these businesses to hire the workers they need.” 

“Virginia’s seafood industry relies on seasonal, H2-B workers to help meet demand during peak season,” said Warner. “Without this workforce, many of Virginia’s seafood processors would simply have to close up shop. I’m glad to introduce this legislation that will help Virginia’s businesses by ensuring they have the labor needed to keep their operations up and running.”

“Alaska’s seafood industry is a delicate chain – and when processors don’t have the workforce to meet demand, the whole industry can fall apart,” said Murkowski. “Coastal communities, family-owned fishing boats, and Alaskans who work in the industry need to know that they have fully-functioning operations where they can deliver their catch. Through this legislation, I’m working to ensure that the industry has a dependable workforce that can process and deliver the highest-quality seafood in the world.”

Seafood is a billion-dollar industry in Virginia, supporting over 7,000 jobs for Virginians and generating over $26 million in revenue annually. Many of Virginia’s seafood processors rely on workers from the H-2B visa program to harvest and process Virginia crabs and oysters in season, but processors annually struggle to get enough workers during the season when they are needed most. The SOS Act would permanently exempt seasonal, non-immigrant workers who work in seafood processing from the cap on H-2B visas, ensuring that processors have the workforce they need, when they need them to meet the increased demand at the start of the harvesting season.  

“The Virginia seafood processing industry is grateful for Senators Kaine and Warner reintroducing the Save Our Seafood Act. We appreciate the bipartisan group of Senators committed to supporting working seafood businesses around the country. Virginia seafood has participated in the seasonal, temporary H-2B program since 1997,” said AJ Erskine, Board Member, Virginia Seafood Council. “We manufacture domestic, perishable seafood products that require an increased seasonal workforce. Our seasons are defined by state and federal regulations and the environmental conditions in which we work. Senators Kaine and Warner understand that this is not a partisan issue. The seafood industry is simply asking for a small modification of an existing cap exemption. We thank Senators Kaine and Warner for their vision and support of our seafood industry.”

“Our 4^th generation family crab processing facility in Hampton continues to struggle to keep our doors open! The H-2B program has been our lifeline the last 30 years and without congressional help we will perish,” said John Graham III, President, Graham & Rollins, Inc. “The current lottery system currently deployed by Homeland Security is not feasible to sustain any kind of business and frankly is a disaster!!”

The senators have long supported the seafood industry. In 2023, Kaine and Warner introduced the Save Our Seafood Act, and Kaine met with heads of Virginia seafood companies in Lottsburg, VA to discuss the need to boost the seafood workforce. Earlier that year, the senators met with then-Labor Secretary Marty Walsh to discuss workforce challenges facing the Virginia seafood industry and urge the Department of Labor to consider reforms to the H-2B lottery to better meet seasonal labor needs. In 2022, Kaine and Warner also successfullypushed the Department of Homeland Security for the release of additional H-2B visas.  

The legislation was cosponsored by U.S. Senators Angela Alsobrooks (D-MD), Bill Cassidy (R-LA), John Kennedy (R-LA), Thom Tillis (R-NC), and Chris Van Hollen (D-MD).

Full text of the legislation is available here.

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WASHINGTON – U.S. Sens. Mark R. Warner (D-VA), Jerry Moran (R-KS), Shelley Moore Capito (R-WV), and Chris Van Hollen (D-MD) have introduced legislation to eliminate food deserts and expand access to affordable and nutritious food by incentivizing food providers to expand access to healthy food options in underserved communities. The Healthy Food Access for All Americans (HFAAA) Act was also introduced in the U.S. House of Representatives by U.S. Reps. Emilia Sykes (OH-13) and Jennifer McLellan (VA-04).                                                                                                                    

“Fresh and nutritious foods are a cornerstone of health and wellbeing, but too many families in Virginia and across America live in places where these foods are out of reach,” said Sen. Warner. “This legislation will help us fight food deserts by incentivizing grocery stores to come to communities that have the hardest time accessing fresh produce.”

“Even while living in the breadbasket of our nation, food insecurity affects far too many Kansans, particularly those living in rural communities far from a grocery store,” said Sen. Moran. “This legislation, which would incentivize food providers to establish and renovate grocery stores, food banks and farmers markets in communities that traditionally lack affordable, healthy and convenient food options, would help provide those who are hungry with access to nutritious food.”

“Many West Virginians struggle to access fresh, nutritious food to keep their families and communities well fed. I’m proud to reintroduce the Healthy Food Access for All Americans Act, which will expand access to healthy foods through food banks and local grocery stores in rural communities across West Virginia and the nation,” said Sen. Capito.

“Access to nutritious food is essential for every family’s health and well-being, but it remains out of reach for far too many communities. This bipartisan legislation offers a key solution to eliminating food deserts in Maryland and across the country – ensuring every American can buy fresh, affordable, healthy food in their neighborhood, regardless of where they live,” said Sen. Van Hollen.

According to recent data, an estimated 18.8 million Americans live in what the United States Department of Agriculture (USDA) classifies as a “food desert.” Urban areas designated as food deserts lack a grocery store within one or more miles. Rural areas designated as food deserts lack a grocery store within ten or more miles. Studies have shown that Americans who live in communities with low-access to healthy food options are at higher risk for obesity, diabetes, and heart disease.

Specifically, the Healthy Food Access for All Americans Act – which defines a grocery market as a retail sales store with at least 35 percent of its selection (or forecasted selection) dedicated to selling fresh produce, poultry, dairy, and deli items – would encourage investment in food deserts across the country that have a poverty rate of 20 percent or higher, or a median family income of less than 80 percent of the median for the state or metro area.

It would grant tax credits or grants to food providers who service low-access communities and attain a “Special Access Food Provider” (SAFP) certification through the Treasury Department. Incentives would be awarded based on the following structure:

• New Store Construction – Companies that construct new grocery stores in a food desert will receive a one-time 15 percent tax credit after receiving certification.
• Retrofitting Existing Structures – Companies that make retrofits to an existing store’s healthy food sections can receive a one-time 10 percent tax credit after the repairs certify the store as an SAFP.
• Food Banks – Certified food banks that build new (permanent) structures in food deserts will be eligible to receive a one-time grant for 15 percent of their construction costs.
• Temporary Access Merchants – Certified temporary access merchants (i.e. mobile markets, farmers markets, and some food banks) that are 501(c)(3)s will receive grants for 10 percent of their annual operating costs.

The Healthy Food Access for All Americans Act boasts the support of numerous organizations, including Feeding America, the National Grocers Association, and Share Our Strength.

“Feeding America commends Senator Warner for confronting the unfortunate fact that for the 47 million Americans living with hunger, access to affordable nutritious food is significantly harder for those who live in food deserts. The Feeding America network of more than 200 food banks understands that areas without affordable, healthy food options have higher rates of food insecurity. Rural communities in particular lack access to adequate transportation to the nearest grocery store or food pantry. Feeding America supports the Healthy Food Access for All Americans Act as a critical step to give nonprofits and retailers support to increase food access in underserved areas,” said Vince Hall, Chief Government Relations Officer at Feeding America.

"The National Grocers Association applauds Senator Warner and Representatives McClellan and Sykes for their leadership on this important legislation focused on eliminating the challenges confronting grocers seeking to expand access to nutritious food in underserved rural and urban areas alike. Independent grocers are the backbone of the communities they serve and have a long-standing tradition of leading efforts to provide improved food options for those most in need. Enhanced access to healthy food bolsters both the physical well-being and economic vitality of local communities everywhere, and we look forward to working with Congress to pass this important bipartisan legislation,” said Stephanie Johnson, Vice President, Government Relations, National Grocers Association.

“To end childhood hunger in America, we must ensure that low-income families have access to healthy, affordable food options no matter their zip code or circumstances. Ending food deserts will help more families put food on the table and help children get the nutrition they need to grow up healthy and strong. Share Our Strength supports The Healthy Food Access for All Americans Act and thanks Sens. Warner, Capito, Van Hollen, and Moran for their leadership on this issue,” said Jason Gromley, Senior Director of Share Our Strength.

Bill text for the Healthy Food Access for All Americans Act can be found here. A summary of the bill can be found here.

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WASHINGTON – U.S. Sens. Mark R. Warner, Vice Chairman of the Senate Select Committee on Intelligence, and Tim Kaine (both D-VA) issued a statement in response to President Trump’s latest attack on the federal workforce – an executive order targeting collective bargaining rights:

“This is just another attempt by President Trump to ‘traumatize’ and illegally fire federal workers. Collective bargaining makes the federal workforce stronger, and undermining these rights does nothing to improve our national security. In fact, this order will only make us less safe, as this executive order is only Donald Trump and Elon Musk’s latest gambit to make it easier to fire the people who ensure public safety, prepare for pandemics, respond to natural disasters, and much, much more. This political attack on our civil servants must not stand.”  

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WASHINGTON – Today, Sens. Mark Warner and Tim Kaine (both D-VA) joined Sens. Angela Alsobrooks (D-MD) and Chris Van Hollen (D-MD) in introducing the of the Model Employee Reinstatement for Ill-advised Termination (MERIT) Act. This timely legislation would reinstate recently terminated probationary federal employees and provide them back pay.

“The Trump administration’s ongoing attacks on the federal workforce have hit Virginians especially hard. Not only have these senseless cuts and layoffs caused unnecessary pain for the federal workforce, but they are making us less safe in the process. Congress must act to undo this damage by reinstating federal employees who were unjustly fired and giving them the back pay they deserve,” said Sen. Warner. 

“Trump and Musk’s illegal cuts to the nonpartisan civil service have disrupted government’s basic operation and disproportionately impacted veterans in Virginia and across the country,” said Sen. Kaine. “Reinstating these professional civil servants is critical for our economy and national security. That’s why I’m cosponsoring the MERIT Act, and will keep doing all that I can to fight for the patriotic Americans who have dedicated their lives to serving our communities through public service.”

“This bill protects and restores the meritorious civil servants shamefully attacked by Donald Trump and Elon Musk. If DOGE were serious about rooting out unqualified workers, they’d focus on their own disastrous cabinet nominees: be it a Secretary of Defense who is leaking classified war plans, or a Secretary of Labor who isn’t clear on collective bargaining agreement enforcement, or a Secretary of Health and Human Services who believes our race should determine our vaccine schedules. We have a duty to stand by the patriotic civil servants who work day and night on behalf of the American people. Our bill is an important step towards restoring the full suite of services that our federal employees provide to the American people,” said Sen. Alsobrooks.

“The Trump-Musk Administration’s illegal purge of federal employees is not only hurting our hard-working public servants — it is wreaking havoc on important services for all Americans. As we support efforts in the courts to reverse these dangerous attacks on federal employees and the work they do, we’re also fighting in Congress. This legislation will allow our federal workers to get back on the job so they can continue serving the American people,” said Sen. Van Hollen.

“NFFE is fully supportive of the MERIT Act to reinstate illegally terminated federal employees, allowing them to return to work and continue delivering critical services for the American people,” said NFFE National President Randy Erwin. “These are dedicated public servants who care for our veterans, maintain our military readiness, protect our communities from natural disasters, and so much more. Congress must reverse the President's unlawful and dangerous attempts to dismantle the civil service. Thank you to Senator Alsobrooks for her commitment to federal workers.”

“Our union applauds Senator Alsobrooks for leading this bill to reinstate thousands of highly qualified federal employees who have been unjustly terminated as part of a Trump-Musk effort to dismantle federal agencies and public services. Not only were these mass firings a reckless misuse of taxpayer dollars and public resources, but these actions have been judged illegal by federal courts. So many of these talented federal workers are veterans, and experienced professionals who were recently promoted, but all of them were hired as federal civil servants due to their qualifications and their competency for the job,” said International Federation of Professional and Technical Engineers (IFPTE) President Matt Biggs.

“The MERIT ACT is greatly needed at a time when so many in our federal workforce have been unjustly fired, and when thousands more, including SEIU members, are doing their jobs in the hostile, chaotic environment created by this administration and DOGE. Federal workers who provide critical services to our communities from agencies such as Veterans Affairs, the Department of Education and the Environmental Protection Agency are navigating through massive job layoffs while scrambling to pay rent, keep the lights on, and feed their families. SEIU is proud to support this bill that will reinstate DOGE-fired workers and ensure that they have backpay they’re due, so they can continue to provide vital services in good and bad times.” said SEIU President April Verrett. 

The MERIT Act would reinstate federal employees, including probationary workers who were recently promoted or hired, who were fired from federal agencies and departments as part of the ongoing mass layoffs. The bill would provide back pay, treat the employees as “involuntarily separated without cause,” and require the U.S. Government Accountability Office (GAO) to submit to Congress a report on the number of workers fired and other information about the layoffs. 

The MERIT Act has been endorsed by: 

American Federation of Government Employees (AFGE)

International Federation of Professional and Technical Engineers (IFPTE)

National Federation of Federal Employees (NFFE)

National Treasury Employees Union (NTEU)

Service Employees International Union (SEIU)

The American Federation of Labor (AFL)

WASHINGTON – Today, U.S. Sen. Mark R. Warner (D-VA), joined by U.S. Sens. Mike Rounds (R-SD) and Cynthia Lummis (R-WY), introduced the China Financial Threat Mitigation Act, legislation aimed at shoring up America’s response to financial threats stemming from the Chinese Communist Party (CCP).

The China Financial Threat Mitigation Act would require deeper analysis of potential financial threats from the CCP that may have substantial impacts on the U.S. economy.

“We continue to see increased aggression from the Chinese Communist Party towards the United States, including in the financial sector. This increased action requires us to take meaningful steps to protect U.S. institutions and interests. That’s why I’m proud to introduce this bipartisan legislation that will help to shore up our financial systems and ensure that the U.S. is prepared to counter the CCP’s attacks,” said Sen. Warner.

“The Chinese Communist Party has the ability to intervene in China’s banking system to achieve outcomes that benefit them the most, which has potential to harm American businesses,” said Sen. Rounds. “We must gain a clearer understanding of how China’s financial sector affects the U.S. economy and other global financial systems. Our legislation tasks the Treasury Department, working with other federal agencies, to assess and report on U.S. exposure to China's financial activities, providing a clearer picture of the threat."

“The Chinese Communist Party is a serious threat to our national and economic security,” said Sen. Lummis. “I am partnering with my colleagues to protect U.S. financial interests and hold the CCP accountable, and I look forward to getting this bipartisan legislation across the finish line.”

The legislation would also require the Department of the Treasury, in consultation with the Federal Reserve, U.S. Securities and Exchange Commission (SEC), Commodity Futures Trading Commission (CFTC), and State Department, to issue a report on the exposure of the United States to the threats posed by China's financial sector. Specifically, the required report must include:

• Effects the reforms to China's financial sector have on U.S. and global financial systems;
• Description of the policies the United States is adopting to protect U.S. interests;
• Description and analysis of any risks presented by China to the financial stability of the United States and the global economy; and
• Recommendations for additional actions to strengthen international cooperation to mitigate risks and protect U.S. interests.

As Vice Chairman of the Senate Select Committee on Intelligence, Sen. Warner has worked to ensure the U.S. is prepared to counter threats posed by foreign adversaries including the CCP across various sectors. Sen. Warner spearheaded the push to force CCP-based Bytedance to divest from TikTok in order to allow the app to continue operations in the United States. Last year, Sen. Warner introduced the Countering CCP Drones and Supporting Drones for Law Enforcement Act, legislation to cut off dangerous CCP drone companies from the U.S. telecommunication infrastructure. Sen. Warner also introduced bipartisan and bicameral legislation to improve information sharing between private companies and the Intelligence Community in order to mitigate the threat that foreign adversaries including the CCP pose to United States companies in foreign jurisdictions on projects relating to energy generation and storage, including in the critical minerals industry. This legislation is the latest step in his efforts to safeguard American interests.

The legislation was introduced in the House of Representatives by U.S. Reps. Josh Gottheimer (D-NJ) and Roger Williams (R-TX).

Full text of the legislation is available here. 

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BROADCAST-QUALITY VIDEO OF SEN. WARNER’S OPENING REMARKS IS AVAILABLE HERE

WASHINGTON – Today, Vice Chairman of the Senate Select Committee on Intelligence Sen. Mark R. Warner (D-VA) delivered opening remarks at the Intelligence Committee’s annual Worldwide Threats Assessment hearing.

Sen. Warner’s opening remarks as delivered are below:

Well, thank you, Mr. Chairman, and good morning, everybody, and I want to thank all the witnesses for being here.

I got to say, I've been on the committee now for 14 years, and this year's assessment is clearly one of the most complicated and challenging in my tenure on the committee.

And I want to get into that in a moment, but I want to, first of all, address the recent story that broke in the news.

Yesterday, we stunningly learned that senior members of this administration and according to reports, two of our witnesses here today, were members of a group chat that discussed highly sensitive and likely classified information that supposedly even included ‘weapons packages, targets and timing,’ and included the name of an active CIA agent.

Putting aside for a moment that classified information should never be discussed over an unclassified system, it's also just mind boggling to me that all these senior folks were on this line and nobody bothered to even check, security hygiene 101...

Who are all the names? Who are they?

Well, it apparently includes a journalist.

And no matter how much the Secretary of Defense or others want to disparage him, this journalist had at least the ethics to not report everything he heard.

The question I raise is: everybody on this committee gets briefed on security protocols. They're told you don't make calls outside of SCIFs of this kind of classified nature.

Director Gabbard is the executive in charge of all keeping our secrets safe. Were these government devices? Or were they personal devices? Have the devices been collected to make sure there's no malware?

There’s plenty of declassified information that shows that our adversaries, China and Russia, are trying to break in to encrypted systems like Signal.

I can just say this. If this was the case of a military officer, or an intelligence officer, and they had this kind of behavior, they would be fired. I think this is one more example of the kind of sloppy, careless, incompetent behavior, particularly towards classified information, that this is not a one off or a first time error.

Let me take a couple of minutes and review some of the other reckless choices that this administration has made regarding our national security. We all recall it seems like it wasn't that long ago, but less than two months ago, in the first two weeks, the administration canceled all U.S. foreign assistance.

Now, some may say, how can that how bad can that be, its foreign assistance?

Well, U.S. foreign assistance paid for the units in Ukraine to provide air defense to civilian cities being attacked by Russia.

Foreign assistance paid for guarding camps in Syria, where ISIS fighters are to be detained.

Foreign assistance paid for programs abroad that ensure that diseases like Ebola don't come home.

And until recently, it paid for the construction of a railway in Africa that would have help given the United States much needed access to critical minerals in Congo.

Now that project… China is going to try to finance it as well.

In the first two weeks, the administration fired several of our most experienced FBI agents, including the head of the criminal Investigative submission, the head of the intelligence division, the head of the Counterterrorism division, the heads of the New York, Washington and Miami field office, all individuals who were distinctly and directly responsible for helping to keep America safe.

The irony a little bit, was the recently dismissed head of the counterterrorism division was involved in disrupting the ISIS attacks planned for Oklahoma City and Philadelphia and helped lead the effort to bring to justice the key planner of the Abbey Gate bombing in Afghanistan, who killed 13 U.S. servicemen and 150 civilians.

That very Abbey Gate effort was actually praised by the president in his state of the Union address.

The administration’s response to these agents’ good works and years of service was to force these folks out.

It's hard to imagine how that makes our country safer.

Nor can I understand how Americans are made more secure by firing more than 300 staff at the National Nuclear Security Administration, including those responsible for overseeing the security and safety of the nuclear stockpile, or by ousting 130 employees at CSA.

The agency directly responsible for trying to take on China's salt typhoon attack again. After Salt Typhoon, I would have thought folks on that group chat might have thought twice.

Or how are we made safer by sacking a thousand employees at the CDC and NIH. We're actually directly working on trying to keep our country safe from disease by pushing out hundreds of intelligence officers.

The amazing thing is our intelligence officers, they're not interchangeable like a Twitter coder. Our country makes $20,000 to $40,000 of an investment just in getting a security clearance.

It literally goes into six figures when you take the training involved. Can anyone tell how firing probationary individuals without any consideration for merit or expertise is an efficient use of taxpayer dollars?

And just to make clear that yesterday's story in the Atlantic was not this rookie one-off, it's a pattern.

I want to acknowledge Director Ratcliffe was not here in his position with this took place.

But again, earlier in the administration, when a new unclassified network was used, thereby exposing literally hundreds of CIA officers’ identities.

Those folks can't go into the field now.

How does that make our government more efficient?

You know, again, this pattern of an amazing, cavalier attitude towards classified information is reckless and sloppy.

And perhaps what troubles me most is the way the administration has decided that we can take on all of our problems by ourselves without any need for friends or allies.

I agree that we've got to put America's priorities first, but American first cannot mean America alone.

The intelligence we gather to keep Americans safe depends on a lot of allies around the world who have access to sources that we don't have.

That's sharing of information saves lives. And it's not hypothetical.

We all remember (because it was declassified) last year when Austria worked with our community to make sure to expose a plot against Taylor Swift in Vienna that could have killed literally hundreds of individuals.

However, these relationships are not built in stone. They're not dictated by law. Things like the Five Eyes are based on trust built on decades, but so often that trust is now breaking literally overnight.

Yet suddenly, for no reason that I can understand, the United States is starting to act like our adversaries are our friends. Voting in the UN with Russia, Belarus and North Korea. It's a rogues gallery if ever heard one.

Treating our allies like adversaries, whether it's threats to take over Greenland or over the Panama Canal, a destructive trade war with Canada, or literally threatening to kick Canada out of the Five Eyes, I feel our credibility is being enormously undermined with our allies, who I believe, and I think most of us on this committee, regardless of party believes, makes our country safer and stronger.

But how can our allies ever trust us as the kind of partner we used to be when we, without consultation or notice, for example, stop sharing information to Ukraine in its war for survival against Russia. Or how can our allies not only not trust our government, but potentially not our businesses with such arbitrary political decision?

Let me give you a few examples. You know, as a result of a lot of work from this committee and others in Congress, we made sure America's commercial space industry is second to none from space to launch to commercial sensing and communications.

The United States has taken a lead. Yet overnight, this administration called into question the reliability of American commercial tech industry.

When maps are and other commercial space companies were directed to stop sharing intelligence with Ukraine.

I'm going to tell you… I’m a business guy. Can't say longer than being an elected official, but pretty close. That shockwave across all of commercial space and frankly, not just commercial space. I've heard it from some of our hyperscalers, in the tech community, has sent an enormous chill.

Who's going to hire an American commercial space company, government or foreign business with the ability to have that taken down so arbitrarily?

It's not just in the case of commercial space.

We've seen that Canada, Germany, Portugal have all been saying they're rethinking buying F-35s.

I've heard from Microsoft and Google directly, and Amazon that they're having questions about whether they can still sell their services.

We've also seen foreign adversaries and friends take advantage of this RIF in our national security areas, and our scientists.

Germany has already put out ads trying to attract some of our best scientists who've been RIFed and the Chinese intelligence agencies are posting on social media sites in the hopes of luring individuals with that national security clearance who've been pushed out, perhaps arbitrarily, to come into their service.

So, no, the signal fiasco is not a one off. It is, unfortunately, a pattern we're seeing too often repeated.

I fear that we feel the erosion of trust from our workplace, from our companies, and from our allies and partners can't be put back in the bottle overnight. Make no mistake, these actions make America less safe.

Thank you, Mr. Chairman.

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WASHINGTON – U.S. Sen. Mark R. Warner (D-VA) wrote to leadership at the Department of Homeland Security (DHS) and U.S. Immigration and Customs Enforcement (ICE) regarding their enforcement practices, specifically highlighting a March 5^th incident where a U.S. citizen and Virginia resident was stopped and interrogated by ICE. The individual reports that he made multiple attempts to prove his citizenship, but despite these efforts, was handcuffed and questioned about his immigration status.

In an interview with local media, the citizen provided details of his arrest, claiming that officers, who were looking for a different individual with a deportation order, rebuffed multiple attempts to provide identification and despite being told he was a U.S. citizen, continued to question his immigration status.

“All Virginians, regardless of their citizenship or immigration status, deserve to be treated with respect and must be properly afforded their rights as expressed in the U.S. Constitution. Any law enforcement performing immigration enforcement must abide by the U.S. Constitution and federal law. When ICE agents violate or create the appearance of a violating the rights of their fellow citizens, it does harm to all Virginians and all Americans,” Sen. Warner wrote.

He continued, “Undisciplined, hostile, or threatening enforcement actions by ICE will hinder relationships with local communities, further compromising trust and safety and risk potentially degrading ICE’s enforcement efforts and officer safety. Given DHS’ recent emphasis on the safety of its law enforcement agents, particularly ICE, I expect you share my concern for the risks to Virginians and law enforcement alike created by a perception of capricious or unjustified action taken against U.S. citizens.”

In the letter, Sen. Warner requested clarity on ICE enforcement methods in Virginia, and a detailed account of the March 5^th arrest:

1. Please provide a detailed description of the events leading up to and during ICE’s arrest of a U.S. citizen in Manassas, Virginia on March 5, 2025.

1. Did ICE partner or collaborate with any state or local law enforcement entities for this enforcement action? If so, please list the entities and the extent of the collaboration.
2. Did the ICE agents present at the scene identify themselves as law enforcement? If so, how did they identify themselves? Were the individuals dressed in ICE uniform and/or was there a badge easily visible or a car plate to distinguish themselves as federal law enforcement?
3. If the agents did identify themselves as federal law enforcement, did they do so prior to drawing their weapons? Please provide a detailed timeline.
4. Were the ICE agents (and any other law enforcement involved in the incident) qualified to perform the detention and apprehension of the U.S. citizen and the other vehicle occupants? Were the ICE agents current on ICE’s use of force training and weapons qualifications?

2. Who were the ICE agents originally seeking when they misidentified and detained the U.S. citizen? What authority did ICE utilize to proceed with deportation orders for the individual with whom they were originally seeking?
3. How are ICE agents trained to investigate and verify U.S. citizenship or other lawful status when seeking persons of interest? How do ICE agents make an accurate determination of U.S. citizenship or other lawful status? What are the steps that ICE takes to ensure that its agents do not subject U.S. citizens and other individuals with lawful status to unnecessary and mistaken law enforcement encounters with ICE, including apprehension, arrest, detention, or deportation?
4. What tools or resources does ICE utilize to make an accurate citizenship or lawful status determination prior to an individual’s interaction with ICE?
5. Does ICE have all the adequate training, tools, or resources to prevent U.S. citizens from being mistakenly subject to ICE enforcement? If not, what additional training, tools, and resources does ICE need to ensure it does not mistakenly subject such individuals to enforcement?
6. What identifying information about the person of interest did ICE have prior to stopping the U.S. citizen? What steps did ICE take to verify this information prior to stopping the U.S. citizen? Did ICE properly apply its own policies and procedures for verifying U.S. citizenship and did ICE exhaust all the tools and resources at their disposal to verify U.S. citizenship prior to stopping the U.S. citizen? Did the ICE agents contact the ICE Office of Principal Legal Advisor prior to detaining the U.S. citizen or after his release?
7. Does the Department of Homeland Security systematically collect and maintain data of its encounters with individuals for whom there is evidence of U.S. citizenship or lawful status? If so, please provide data on how many U.S. citizens have been mistakenly subjected to ICE enforcement, including being apprehend, detained, or deported since January 20, 2025. If ICE does not collect this data, why not?
8. How will ICE ensure that it is properly applying the policies and procedures regarding the investigation and verification of citizenship or lawful status prior to encounters with ICE?
9. What steps does ICE take to remedy an encounter whereby they mistakenly applied enforcement actions to an individual who is not subject to ICE enforcement, such as a U.S. citizen? How will the agency prevent future instances?
10. In a statement that ICE provided on March 7th, the agency states that the U.S. citizen “matched the description of the subject of an operation” and that ICE agents operated “based on reasonable suspicion, including a likeness to the description of the target.”4 Please provide additional information to support the reasonable suspicion referenced in the statement, including any evidence that the U.S. citizen does indeed have a “likeness to the description of the target.” If there is a photograph of the person of interest the ICE agents mistook for the U.S. citizen, please provide the photograph.
11. Were the ICE agents involved in the U.S. citizen’s detention counseled or disciplined following the encounter based on mistaken identity? Please explain.

A copy of letter is available here and text is below.

Dear Secretary Noem, Mr. Homan, Acting Director Lyons, and Director Hott:

I write to you regarding ICE’s recent enforcement efforts, and, in particular, the alarming treatment of a U.S. citizen and Virginia resident whom ICE stopped and interrogated in Manassas, Virginia on March 5, 2025.

In an interview with NBC4 Washington, a U.S. citizen described that he was driving to work when ICE agents stopped and surrounded his truck, exited their vehicles with their weapons drawn and ordered him to “turn off the car, give [them] the keys, open the window.” When the agents shared the name of the individual that ICE was seeking for deportation orders, the U.S. citizen responded that was not him and sought to verify his identify by offering to show his Real ID-compliant driver’s license. As you are aware, proof of legal presence is required to obtain a Real ID-compliant driver’s license. The U.S. citizen’s attempts to prove his U.S. citizenship were refused and ICE agents demanded he exit his vehicle and placed him in handcuffs. While handcuffed, the U.S. citizen reports that he was interrogated by the ICE agents on his entry to the U.S. and if he was awaiting any court orders. The U.S. citizen continued to attempt to his prove his U.S. citizenship, and in response, he reported that one of the ICE agents communicated doubt as to his U.S. citizenship despite his efforts to prove otherwise. The ICE agents released this U.S. citizen only after they permitted him to show his Real ID-compliant driver’s license.

I recognize the important work of federal, state, and local law enforcement in keeping Virginians safe and understand that law enforcement, including ICE agents, in the field have a complex and challenging job. It is because of that concern for both officer and Virginian safety that I express deep concern over the apprehension and treatment of this U.S. citizen and the disturbing potential or perception of what this treatment may indicate about ICE’s law enforcement practices in Virginia.

All Virginians, regardless of their citizenship or immigration status, deserve to be treated with respect and must be properly afforded their rights as expressed in the U.S. Constitution. Any law enforcement performing immigration enforcement must abide by the U.S. Constitution and federal law. When ICE agents violate or create the appearance of a violating the rights of their fellow citizens, it does harm to all Virginians and all Americans.

Undisciplined, hostile, or threatening enforcement actions by ICE will hinder relationships with local communities, further compromising trust and safety and risk potentially degrading ICE’s enforcement efforts and officer safety. Given DHS’ recent emphasis on the safety of its law enforcement agents, particularly ICE, I expect you share my concern for the risks to Virginians and law enforcement alike created by a perception of capricious or unjustified action taken against U.S. citizens.

U.S. citizens interacting with ICE who seek to prove their identity with identification or other documents that would assist ICE in determining their identity and immigration status should be permitted to do so. In this case, it is clear that the ICE agents misidentified this U.S. citizen, wasting valuable time and resources, and damaging ICE’s public image in the process.

To better understand the circumstances surrounding ICE’s immigration enforcement efforts in Virginia, I ask that you respond to these questions by no later than Friday, April 4, 2025.

1. Please provide a detailed description of the events leading up to and during ICE’s arrest of a U.S. citizen in Manassas, Virginia on March 5, 2025.

1. Did ICE partner or collaborate with any state or local law enforcement entities for this enforcement action? If so, please list the entities and the extent of the collaboration.
2. Did the ICE agents present at the scene identify themselves as law enforcement? If so, how did they identify themselves? Were the individuals dressed in ICE uniform and/or was there a badge easily visible or a car plate to distinguish themselves as federal law enforcement?
3. If the agents did identify themselves as federal law enforcement, did they do so prior to drawing their weapons? Please provide a detailed timeline.
4. Were the ICE agents (and any other law enforcement involved in the incident) qualified to perform the detention and apprehension of the U.S. citizen and the other vehicle occupants? Were the ICE agents current on ICE’s use of force training and weapons qualifications?

2. Who were the ICE agents originally seeking when they misidentified and detained the U.S. citizen? What authority did ICE utilize to proceed with deportation orders for the individual with whom they were originally seeking?
3. How are ICE agents trained to investigate and verify U.S. citizenship or other lawful status when seeking persons of interest? How do ICE agents make an accurate determination of U.S. citizenship or other lawful status? What are the steps that ICE takes to ensure that its agents do not subject U.S. citizens and other individuals with lawful status to unnecessary and mistaken law enforcement encounters with ICE, including apprehension, arrest, detention, or deportation?
4. What tools or resources does ICE utilize to make an accurate citizenship or lawful status determination prior to an individual’s interaction with ICE?
5. Does ICE have all the adequate training, tools, or resources to prevent U.S. citizens from being mistakenly subject to ICE enforcement? If not, what additional training, tools, and resources does ICE need to ensure it does not mistakenly subject such individuals to enforcement?
6. What identifying information about the person of interest did ICE have prior to stopping the U.S. citizen? What steps did ICE take to verify this information prior to stopping the U.S. citizen? Did ICE properly apply its own policies and procedures for verifying U.S. citizenship and did ICE exhaust all the tools and resources at their disposal to verify U.S. citizenship prior to stopping the U.S. citizen? Did the ICE agents contact the ICE Office of Principal Legal Advisor prior to detaining the U.S. citizen or after his release?
7. Does the Department of Homeland Security systematically collect and maintain data of its encounters with individuals for whom there is evidence of U.S. citizenship or lawful status? If so, please provide data on how many U.S. citizens have been mistakenly subjected to ICE enforcement, including being apprehend, detained, or deported since January 20, 2025. If ICE does not collect this data, why not?
8. How will ICE ensure that it is properly applying the policies and procedures regarding the investigation and verification of citizenship or lawful status prior to encounters with ICE?
9. What steps does ICE take to remedy an encounter whereby they mistakenly applied enforcement actions to an individual who is not subject to ICE enforcement, such as a U.S. citizen? How will the agency prevent future instances?
10. In a statement that ICE provided on March 7th, the agency states that the U.S. citizen “matched the description of the subject of an operation” and that ICE agents operated “based on reasonable suspicion, including a likeness to the description of the target.”4 Please provide additional information to support the reasonable suspicion referenced in the statement, including any evidence that the U.S. citizen does indeed have a “likeness to the description of the target.” If there is a photograph of the person of interest the ICE agents mistook for the U.S. citizen, please provide the photograph.
11. Were the ICE agents involved in the U.S. citizen’s detention counseled or disciplined following the encounter based on mistaken identity? Please explain.

Additionally, I respectfully request that the appropriate individuals in your agencies provide a briefing on the events surrounding the U.S. citizen’s encounter with ICE, including the sharing of information that may be law enforcement sensitive.

It is my hope that ICE can carry out its mission while upholding the rights of all Virginians and abiding by the U.S. Constitution. I look forward to hearing from you.

Sincerely,

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