WASHINGTON – Today, U.S. Sens. Mark R. Warner and Tim Kaine are pressing U.S. Immigration and Customs Enforcement (ICE) to follow U.S. Department of Homeland Security (DHS) regulations requiring law enforcement to properly identify themselves and limit use of face coverings during official operations. This letter comes following repeated instances of unidentified ICE agents making arrests across the country, including in Virginia, causing panic and danger during arrests. 

“Across the country and in Virginia, masked ICE officers and agents without clearly visible identification as law enforcement have been arresting individuals on the streets and in sensitive locations, such as courthouses. Such actions put everyone at risk – the targeted individuals, the ICE officers and agents, and bystanders who may misunderstand what is happening and may attempt to intervene,” wrote the senators.

The senators highlighted that the current alarming trend of ICE agents carrying out arrests while obscuring their faces and failing to identify themselves has increased risk to both officers and the general public alike.

They continued, “The failure of ICE officers and agents to promptly and clearly identify who they are and the authority under which they are acting has led witnesses of immigration enforcement operations to justifiably question the law enforcement status, authority, and constitutionality of ICE officers and agents and their operations. Such actions compromise the safety of law enforcement officers and agents conducting the operation, the individual(s) being apprehended, bystanders, and other law enforcement who may be called to the scene to respond to a suspected crime.”

As part of their letter, the senators are requesting DHS and ICE provide policies, guidance, memoranda, legal advice, training materials, and all other relevant documents produced by ICE and DHS that discuss when and how to use face coverings, organizational clothing, or reveal officer and agent identities during immigration enforcement operations.

Earlier this year, Sen. Warner questioned DHS and ICE regarding their enforcement practices, specifically highlighting a March 5th incident where a U.S. citizen and Virginia resident was stopped and interrogated by ICE. Sens. Warner and Kaine also demanded answers from DHS regarding Kilmar Abrego Garcia, a father who was living legally under protected status in Maryland with his family until he was wrongfully deported without due process by the Trump Administration.

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

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

We are steadfast in our desire to protect the safety of law enforcement and uphold public safety for every person, regardless of their immigration status, when interacting with law enforcement. The two are inexorably interconnected. The public and law enforcement must both be safe during immigration enforcement actions.

Accordingly, we write to you today regarding ICE’s recent immigration enforcement operations that have taken an alarming and dangerous turn. Across the country and in Virginia, masked ICE officers and agents without clearly visible identification as law enforcement have been arresting individuals on the streets and in sensitive locations, such as courthouses.   Such actions put everyone at risk – the targeted individuals, the ICE officers and agents, and bystanders who may misunderstand what is happening and may attempt to intervene.  

We urge you to direct ICE officers and agents to promptly and clearly identify themselves as law enforcement officers conducting law enforcement actions when arresting subjects, and limit the use of face coverings during arrests and other enforcement actions to avoid intimidation and reduce safety risks to the public.

The American public encounters federal, state, local, territorial, campus, and other law enforcement regularly. In the overwhelming majority of these law enforcement encounters, law enforcement officers reveal their faces and identities while in the commission of their duties. There are likely associated risks to doing so, yet the trooper pulling over a driver at night or the officer standing watch at the courthouse as suspected criminals enter manage those risks to their own and the public’s safety in a transparent and accountable fashion.

The Department of Homeland Security’s regulations provide that, at the time of an arrest, immigration officers must identify themselves if it is practical and safe to do so, and inform the individual of the reason for the arrest.  Additionally, under DHS policy, following a warrantless arrest, ICE officers must submit a write-up documenting the facts and circumstances surrounding the arrest, including a statement of how “at the time of arrest, the immigration officer [did], as soon as it [was] practical and safe to do so, identif[ied] himself or herself as an immigration officer who is authorized to execute an arrest; and state[d] that the person is under arrest and the reason for the arrest.” 

Under the Trump administration, there has been an increase in reported instances of ICE officers and agents apprehending individuals while concealing their faces with masks, balaclavas, or other face coverings, often without clearly displaying their law enforcement credentials through identification, organizational uniform, or insignia.  Historically, the use of face coverings by ICE had been reserved for undercover or sensitive operations, but press reports and public videos indicate that ICE officers and agents have broadened this practice to the arrests of nonviolent individuals without a prior criminal history.  Anecdotally, the increased use of face coverings has been described as a means to conceal ICE officer and agent identities to avoid identification and accountability, particularly as the public has taken to filming immigration enforcement encounters. 

The International Association of Chiefs of Police warns that, “members of the general public may be intimidated or fearful of officers wearing a face covering, which may heighten their defensive reactions.”  The failure of ICE officers and agents to promptly and clearly identify who they are and the authority under which they are acting has led witnesses of immigration enforcement operations to justifiably question the law enforcement status, authority, and constitutionality of ICE officers and agents and their operations.  Such actions compromise the safety of law enforcement officers and agents conducting the operation, the individual(s) being apprehended, bystanders, and other law enforcement who may be called to the scene to respond to a suspected crime. We remain deeply concerned that ICE’s lack of transparency will lead the public to intercede in enforcement efforts, escalating an already tense interaction, and risking an entirely avoidable violent situation. 

Increased use of face coverings and lack of prompt and clear identification by ICE officers and agents in public is also having unintended consequences. Criminals are taking advantage of ICE’s anonymity and impersonating law enforcement officers and ICE agents.   Recently, this resulted in several criminal acts including harassment, theft, extortion, assault, battery, sexual assault, and kidnapping.  The uptick in ICE officers and agents concealing their identities and ICE affiliation blurs the public’s understanding of what ICE officers and agents look like and do while lawfully conducting their mission.  Bad actors have and will continue to take advantage of ICE’s lack of transparency to perpetrate crimes on the most vulnerable in our society.

We strongly urge you to take swift action to ensure the safety of the public and your officers and agents during the performance of their duties by reducing unnecessary intimidation tactics that escalate defensive reactions.  Additionally, we ask you to provide us with copies of any policies, guidance, memoranda, legal advice, training materials, and all other relevant documents produced by ICE and DHS that discuss when and how to use face coverings, organizational clothing, or reveal officer and agent identities during immigration enforcement operations by June 6, 2025.

Sincerely,

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WASHINGTON – Today, U.S. Sens. Mark R. Warner (D-VA) and Todd Young (R-IN) wrote to Secretary of State Marco Rubio urging him to work with President Trump to appoint a new Special Envoy for Sudan, build out key senior Africa roles at the State Department and the National Security Council, and to hold accountable both internal and foreign actors prolonging the conflict. Joining Sens. Warner and Young in the letter are U.S. Sens. Tim Kaine (D-VA), Mike Rounds (R-SD), and Cory Booker (D-NJ).

The ongoing violence in Sudan has led to a massive humanitarian crisis. Since the war between the Sudanese Armed Forces (SAF) and the Rapid Support Forces (RSF) began in April 2023, it’s estimated that the conflict has claimed the lives of tens of thousands to potentially over one hundred thousand individuals, and in the region, an estimated 30 million Sudanese are in need of immediate assistance.

Sen. Warner has led bipartisan efforts to address this crisis, including pushing the Biden administration to take steps to better address the chaos and violence displacing millions of people in Sudan and the surrounding regions. Following the senators' calls for a special envoy, President Biden appointed former U.S. Rep. Tom Perriello to the position, but the position has remained vacant under the Trump administration.

The senators wrote, “Since its outbreak, this conflict has displaced more than 14 million people – an estimated 11.5 million internally, plus an additional 3 million fleeing to neighboring countries and regions. Approximately 30 million people – more than half of Sudan’s population – are in urgent humanitarian need. By some estimates, the conflict has killed upwards of 150,000 people, in what the U.S. government has officially declared a genocide. Belligerents on both sides stand accused of atrocities, including killings, abductions of civilians, and horrific instances of sexual violence against women and children.”

The senators highlighted continued bipartisan efforts to respond to the crisis in Sudan and the need to fill crucial roles in countries impacted by the ongoing civil war. 

Added the senators, “We urge the Administration to fill the Special Envoy position, which would align with bipartisan Congressional intent expressed through the passage of the Fiscal Year 2025 National Defense Authorization Act, which included provisions of the Response to Conflict in Sudan Act. We also strongly urge you to work with the President to nominate senior officials responsible for Africa, including the Assistant Secretary for African Affairs, ambassadors to countries impacted by or otherwise implicated in the conflict, and push for the appointment of a Senior Director for Africa at the National Security Council to coordinate interagency efforts.”

In addition to the need to fill these crucial roles, the senators highlighted the impact that outside influences are having on this crisis, and the need for the U.S. to hold accountable any foreign actors exacerbating the crisis. 

“To date, the Office of Foreign Assets Control added SAF and RSF members to the Specially Designated Nationals List and taken action against numerous UAE companies for potentially violating U.S. sanctions. We encourage you, alongside allies and partners, to continue to hold accountable external actors that support and/or finance the conflict, using all available tools,” they wrote. 

Sen. Warner has been a leading voice in the Senate about the need for increased diplomatic and humanitarian support for Sudan since the war erupted. Last year, Sen. Warner pushed the Biden administration take more decisive action against foreign entities fueling the ongoing civil war in Sudan. In May 2023, he and Sen. Kaine requested that the Biden administration issue a new Temporary Protected Status (TPS) designation for Sudan, which was subsequently issued. Later that month, Sens. Warner and Kaine led a group of colleagues in urging the administration to offer all available support for humanitarian efforts in the region – and to be forward leaning on prioritizing local and community-based response efforts – as well as appoint a Special Envoy to Sudan tasked with coordinating and leading U.S. diplomatic efforts to address the crisis. In December 2023, the senators continued calling on the Biden administration to designate a Special Envoy to Sudan, and former U.S. Rep. Tom Perriello was subsequently appointed to the position. Sen. Warner has also continued his efforts to provide support to Sudan and the Sudanese diaspora and meeting with the Sudanese community in Virginia.  

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

Dear Secretary Rubio,

Now into the third year of destructive conflict in Sudan, with escalating violence and atrocities between the Sudanese Armed Forces (SAF) and Rapid Support Forces (RSF), U.S. engagement to bring a resolution to this conflict is more critical than ever. You can send a strong signal to the region by working with the President to appoint a new Special Envoy for Sudan and holding accountable both Sudanese and foreign actors prolonging the conflict. 

Since its outbreak, this conflict has displaced more than 14 million people – an estimated 11.5 million internally, plus an additional 3 million fleeing to neighboring countries and regions. Approximately 30 million people – more than half of Sudan’s population – are in urgent humanitarian need. By some estimates, the conflict has killed upwards of 150,000 people, in what the U.S. government has officially declared a genocide. Belligerents on both sides stand accused of atrocities, including killings, abductions of civilians, and horrific instances of sexual violence against women and children.

We urge the Administration to fill the Special Envoy position, which would align with bipartisan Congressional intent expressed through the passage of the Fiscal Year 2025 National Defense Authorization Act, which included provisions of the Response to Conflict in Sudan Act.  We also strongly urge you to work with the President to nominate senior officials responsible for Africa, including the Assistant Secretary for African Affairs, ambassadors to countries impacted by or otherwise implicated in the conflict, and push for the appointment of a Senior Director for Africa at the National Security Council to coordinate interagency efforts.

In addition to naming an envoy, we urge you to hold accountable external actors – including the UAE, Russia, Saudi Arabia, and Egypt – and foreign businesses fueling the gruesome atrocities. The recent large-scale offensive by the RSF in Darfur – which has included storming and systematically burning down the Zamzam refugee camp, killing hundreds of people in a massacre that has also forced hundreds of thousands more to flee the camp in a matter of days – exemplifies the depravity that is being enabled by these external forces.

To date, the Office of Foreign Assets Control added SAF and RSF members to the Specially Designated Nationals List and taken action against numerous UAE companies for potentially violating U.S. sanctions. We encourage you, alongside allies and partners, to continue to hold accountable external actors that support and/or finance the conflict, using all available tools.

Conflicts rarely stay localized, and the longer this horrific war drags on, the more combustible this region becomes – an outcome that creates a power vacuum that extremists, terrorists, and our foreign adversaries will only be too happy to fill. The war’s continuation not only harms millions of innocent civilians, but also poses serious risk to American security interests in the region.

We strongly support U.S. engagement and leadership in Sudan. The appointment of a new Special Envoy would send a strong signal. We look forward to working together to support your efforts to end the conflict in Sudan, address the humanitarian crisis, hold accountable those responsible for atrocities, and stop the actors fueling this crisis inside and outside Sudan.

Sincerely,

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WASHINGTON – Today, U.S. Sen. Mark R. Warner (D-VA), Vice Chairman of the Senate Select Committee on Intelligence, led a coalition of senior Senate Democrats in sending a letter to President Donald J. Trump demanding an investigation into reports that senior White House advisor Elon Musk has used his government role to improperly advance his personal business interests abroad. The senators cited recent reporting on a disturbing pattern in which Musk allegedly leveraged high-level access to U.S. trade policy to pressure foreign governments – including India, South Africa, Bangladesh, Vietnam, Pakistan, and Lesotho – into granting favorable treatment to his satellite internet provider Starlink in apparent exchange for U.S. policy concessions. These allegations, if true, would constitute a serious violation of federal ethics laws and a profound breach of public trust.

“Public servants must serve Americans, not their own bank accounts,” the senators wrote. “These alleged actions are an egregious breach of public trust, degrade our credibility with allies and partners, and potentially violate U.S. laws.”

In addition to Warner, the letter was signed by Sens. Elizabeth Warren (D-MA), Ranking Member, Senate Committee on Banking, Housing, and Urban Affairs; Ron Wyden (D-OR), Ranking Member, Senate Finance Committee; Patty Murray (D-WA), Vice Chair, Senate Appropriations Committee; Jeff Merkley (D-OR), Ranking Member, Senate Budget Committee; Jack Reed (D-RI), Ranking Member, Senate Armed Services Committee; Chris Coons (D-DE), Ranking Member, Senate Appropriations Subcommittee on Defense; Brian Schatz (D-HI), Ranking Member, Senate Appropriations Subcommittee on State, Foreign Operations, and Related Programs; Ed Markey (D-MA), Ranking Member, Senate Committee on Small Business and Entrepreneurship; Sheldon Whitehouse (D-RI), Ranking Member, Senate Committee on Environment and Public Works; Amy Klobuchar (D-MN), Ranking Member, Senate Agriculture Committee; Jeanne Shaheen (D-NH), Ranking Member, Senate Foreign Relations Committee; and Richard Blumenthal (D-CT), Ranking Member, Senate Committee on Homeland Security and Government Affairs Permanent Subcommittee on Investigations.

The letter details instances of Musk meeting with foreign leaders – including those from India and Bangladesh – inside the White House complex and the Blair House, shortly before their governments fast-tracked regulatory approvals for Starlink. In one example, the Bangladesh Telecommunication Regulatory Commission issued what was described as “the swiftest recommendation” in its history for a Starlink license shortly after officials requested a delay in U.S.-imposed tariffs and met with Musk on White House grounds.

The senators noted that these developments came amid ongoing U.S. trade negotiations, raising serious questions about potential quid pro quo arrangements. The senators further warned that allowing a special government employee to influence foreign trade decisions to benefit their private ventures represents not only a potential legal violation but a corrosion of America’s international credibility.

The senators also condemned the misuse of taxpayer-funded government properties for personal business dealings, writing, “The White House and the Blair House are not merely buildings – they are enduring symbols of American democracy and service. To use this public property for personal enrichment is not only a betrayal of the public trust – it also sends a dangerous signal that power is not a solemn responsibility, but an asset to be exploited for personal gain.”

The lawmakers called on President Trump to launch a full investigation into Musk’s conduct, to publicly disclose the findings, and to provide Congress with a complete account of Musk and his associates’ use of government positions for personal benefit.

A copy of the letter is available here.

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WASHINGTON – U.S. Sen. Mark R. Warner (D-VA), Vice Chairman of the Senate Select Committee on Intelligence, and Sen. Todd Young (R-IN), a member of the Senate Select Committee on Intelligence, wrote to leadership at the Department of Justice (DOJ) and Federal Trade Commission (FTC) expressing the need for the agencies to exercise all available authorities to protect the sensitive genomic information of Americans, including in the bankruptcy proceedings of 23andMe, a personal genomics and biotechnology company that holds the DNA and sensitive information of millions of individuals.

The senators highlighted the attempts by the People’s Republic of China (PRC) and other foreign adversaries to collect this type of genomic data from Americans and the various ways in which the PRC has used sensitive biometric data for surveillance efforts.

“As the Chinese government has realized, genomic data is incredibly valuable. Biological data is critical to biomedical discovery, particularly when, as here, it contains substantial amounts of personal genomic data. It can be used to create, design, and optimize everything from biopharmaceuticals and medical devices to optimizing AI models for medical applications,” the senators wrote. “The PRC also has demonstrated a sustained effort to leverage genomic and other biometric data for extensive surveillance; accessing this data - either directly or indirectly - could further enable PRC transnational surveillance, including posing counter-intelligence threats to the United States. In addition, genomic data can be used to create dual-use technologies that, on the one hand, could help create vaccines for diseases, but on the other hand, can be weaponized by our adversaries to for malign intent.”

While applauding the recent actions by the Justice Department in current proceedings, the senators underscored the need to take more steps to ensure that bad actors are prevented from acquiring, legally or illegally, Americans’ genomic information. 

The senators continued, “In addition to the Department's recent filing, and any anticipated CFIUS review, the Department, in conjunction with the Commission and other U.S. agencies as appropriate, must closely monitor the sale or transfer of, or access to, 23andMe's genomic databank, regardless of whether that activity is in the ordinary course of business, for compliance with all applicable statutes related to national security and consumer protection.”

This is the latest effort by Sen. Warner to safeguard Americans’ data and sensitive information from adversaries. 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 PRC 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, and earlier this year, Sen. Warner introduced legislation aimed at shoring up America’s response to financial threats stemming from the PRC.

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

Dear Attorney General Bondi and Chairman Ferguson:

We write to urge the Department of Justice ("Department") and the Federal Trade Commission ("Commission") to exercise the full scope of their legal and statutory authorities in 23andMe Holding Co. ("23andMe")'s bankruptcy proceeding. We commend the Department on its April 22, 2025 filing in the 23andMe bankruptcy proceeding, recognizing that the Committee on Foreign Investment in the United States (CFIUS) should review this transaction in light of the substantial national security concerns involved. However, additional action from agencies are necessary in order to prevent adversaries, including the People's Republic of China (PRC), from acquiring millions of Americans' genomic data.

Chinese authorities have already collected genomic data on millions of their own citizens, and continue to actively target foreign companies, including in the U.S., for acquisition or investment, as well for theft, in order to obtain foreign individuals' genomic data, creating serious implications for national security, public health, economic security, and Americans' privacy. As the Chinese government has realized, genomic data is incredibly valuable. Biological data is critical to biomedical discovery, particularly when, as here, it contains substantial amounts of personal genomic data. It can be used to create, design, and optimize everything from biopharmaceuticals and medical devices to optimizing AI models for medical applications. The PRC also has demonstrated a sustained effort to leverage genomic and other biometric data for extensive surveillance; accessing this data - either directly or indirectly - could further enable PRC transnational surveillance, including posing counter-intelligence threats to the United States. In addition, genomic data can be used to create dual-use technologies that, on the one hand, could help create vaccines for diseases, but on the other hand, can be weaponized by our adversaries to for malign intent.

In order to prevent China from weaponizing this data, or outcompeting the U.S. economically, the U.S. must urgently prioritize the protection of biological and genomic data, particularly of Americans, starting with that held by 23andMe.

As the Department notes in its recent filing, its Data Security Program must be better utilized to ensure the protection, and prevent the acquisition, of Americans' sensitive genomic data. In addition to the Department's recent filing, and any anticipated CFIUS review, the Department, in conjunction with the Commission and other U.S. agencies as appropriate, must closely monitor the sale or transfer of, or access to, 23andMe's genomic databank, regardless of whether that activity is in the ordinary course of business, for compliance with all applicable statutes related to national security and consumer protection. Chairman Ferguson's letter to the Office of the U.S. Trustee lays out a clear rationale for robust oversight by the Justice Department over the legal obligations and protections that 23andMe owes its customers ("users"). 23andMe's users also should have the ability to remove their genetic data from acquisition by a foreign government or entities under the control or influence of a foreign government, including data associated with other personally-identifiable information and any other data generated by 23andMe that uses genetic data in the aggregate.

23andMe's users provided their sensitive, personal genetic data to a privately-owned U.S. company, potentially without fully understanding the implications of this data falling into the hands of adversaries, including cybercriminals and foreign nation-states. Further, the genetic information held in 23andMe's databank has implications for relatives of 23andMe users who share common genetic markers, creating additional privacy concerns for such individuals who had no opportunity to consent to how 23andMe's data could be used in ways that affect them.

Outside of this proceeding, we urge the Department, the Commission, and other relevant federal entities to closely monitor future transactions, and use all levers as appropriate, where foreign entities, particularly those under the control or influence of foreign nations of concern, are attempting to purchase - through bankruptcy proceedings or otherwise-Americans' sensitive biologic and genomic data. To this end, we encourage the DOJ to evaluate any appropriate updates to its recently-released Final Rule,6 implementing Executive Order 14117 on "Preventing Access to Americans' Bulk Sensitive Personal Data and United States Government-Related Data by Countries of Concern", to address any novel risks posed by potential acquisition (and resale) of 23andMe data by covered vendors.

In addition, the Department and the Commission must work with lead agencies to support the cybersecurity of genomic data. In March 2022, 23andMe suffered a security breach that compromised the genetic information of millions of users, underscoring concerns around genomic data privacy and misuse.

In short, it is paramount to our national and economic security that there is a whole-of­ government approach to protecting Americans' sensitive genomic data, including by preventing malign entities from gaining access to such data through commercial acquisition, cyberattacks, or other illicit means. We remain committed to working with the Department, the Commission, and the Administration broadly on this issue.

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WASHINGTON – Today, U.S. Sens. Mark R. Warner and Tim Kaine (both D-VA) joined 23 of their Senate colleagues in urging U.S. Homeland Security Secretary Kristi Noem and U.S. Immigration and Customs Enforcement (ICE) Acting Director Todd Lyons to return Kilmar Abrego Garcia, a father who was living legally under protected status in Maryland with his family until he was wrongfully deported without due process by the Trump Administration last month and sent to a maximum-security prison in El Salvador. The Trump Administration has admitted Abrego Garcia’s deportation was the result of an “administrative error” but has not returned Abrego Garcia to his family and home in Maryland.  

Specifically, the senators call on the Trump Administration to comply with the court order requiring that they facilitate Abrego Garcia’s return and ask for responses to a series of questions regarding ICE’s enforcement policies that may have led to this grave error—and what measures they will take to ensure such an incident does not occur again.

“It is unacceptable that anyone would be deported without proper due process, especially where an immigration judge has granted the individual protected status that explicitly prohibits his return to El Salvador,” the senators wrote. “We demand that the Administration bring Mr. Abrego Garcia home immediately.”

“Per court filings, Mr. Abrego Garcia came to the United States in 2011 as a teenager fleeing gang threats in his home country of El Salvador. In 2019, ICE arrested Mr. Abrego Garcia over an unfounded and anonymous allegation that he was involved with MS-13, which placed him in deportation proceedings. The U.S. immigration judge in the case ultimately found that it was in fact Mr. Abrego Garcia who was at risk of being the victim of gang violence,” the senators continued. “This ruling was made under the Trump Administration in 2019 and was in fact required by law under section 241(b)(3) of the Immigration and Nationality Act once the immigration judge made the factual determination that Mr. Abrego Garcia faced a likelihood of torture in El Salvador. At the time, the Trump Administration made no effort to appeal the judge’s ruling or pursue Mr. Abrego Garcia’s deportation further. Court filings attest that Mr. Abrego Garcia has complied with regular ICE check-ins, has no criminal charges, and has had no contact with any other law-enforcement agency since his release in 2019.”

“Mr. Abrego Garcia is currently being held at CECOT, a maximum-security prison in El Salvador notorious for human rights abuses, after being deported in violation of the law to the very country where his return was impermissible,” they continued. “And when the Administration makes a mistake as severe as sending an individual with protected status to a foreign prison, it cannot simply shrug off responsibility and allege that there is nothing it can do to reunite him with his wife and child, who are American citizens.”

The senators concluded the letter with a series of questions for Secretary Noem and Acting Director Lyons about Abrego Garcia’s protected status, the Department of Homeland Security and ICE’s failure to follow well-established procedures and practices to avoid erroneous deportations and to promptly fix such errors if they do occur, and to demand evidence for unsupported accusations from Vice President J.D. Vance and Press Secretary Karoline Leavitt that Abrego Garcia is a member of MS-13 gang. The senators requested a response by April 22.

In addition to Sens. Warner and Kaine, the letter was signed by U.S. Sens. Chris Van Hollen (D-MD), Angela Alsobrooks (D-MD), Richard Blumenthal (D-CT), Cory Booker (D-NJ), Chris Coons (D-DE), Tammy Duckworth (D-IL), Dick Durbin (D-IL), Martin Heinrich (D-NM), Mazie Hirono (D-HI), Amy Klobuchar (D-MN), Ed Markey (D-MA), Jeff Merkley (D-OR), Alex Padilla (D-CA), Gary Peters (D-MI), Jack Reed (D-RI), Bernie Sanders (I-VT), Brian Schatz (D-HI), Adam Schiff (D-CA), Jeanne Shaheen (D-NH), Elizabeth Warren (D-MA), Peter Welch (D-VT), Sheldon Whitehouse (D-RI), and Ron Wyden (D-OR).

Full text of the letter can be found here and below:

Dear Secretary Noem and Acting Director Lyons, 

We write to express our concerns regarding the deportation of Kilmar Abrego Garcia to El Salvador, an action which the Administration admitted in a recent court filing was an “administrative error.” It is unacceptable that anyone would be deported without proper due process, especially where an immigration judge has granted the individual protected status that explicitly prohibits his return to El Salvador. We demand that the Administration bring Mr. Abrego Garcia home immediately.  

According to court filings, on March 12, 2025, shortly after Mr. Abrego Garcia had picked up his son from the boy’s grandmother’s house, U.S. Immigration and Customs Enforcement (ICE) stopped Mr. Abrego Garcia, inaccurately telling him that his protected status had changed. After giving his wife a few minutes to arrive to take custody of his son, ICE arrested and detained him without any further explanation as to the reason for his arrest. ICE then transferred Mr. Abrego Garcia and other detainees to Texas, where on March 15, 2025, they were loaded onto planes and deported to El Salvador. Mr. Abrego Garcia was reportedly on the only plane that was not sent under the authority of the Alien Enemies Act but instead was transporting migrants with formal removal orders signed by a judge. This occurred despite the fact that ICE knew, as the Administration conceded in court, that his protected legal status specifically prohibited his removal to El Salvador.  

Per court filings, Mr. Abrego Garcia came to the United States in 2011 as a teenager fleeing gang threats in his home country of El Salvador. In 2019, ICE arrested Mr. Abrego Garcia over an unfounded and anonymous allegation that he was involved with MS-13, which placed him in deportation proceedings. The U.S. immigration judge in the case ultimately found that it was in fact Mr. Abrego Garcia who was at risk of being the victim of gang violence. The judge found that Mr. Abrego Garcia and his relatives credibly testified that gang members had been trying to extort his family and recruit him and his brother to join the gang, forcing his family to move multiple times, ultimately compelling both him and his brother to flee to the United States out of fear.  

The immigration judge agreed that Mr. Abrego Garcia would likely face persecution if deported back to El Salvador and thus granted him a form of legally mandated protection known as “withholding of removal.” Withholding of removal, which may only be granted by an immigration judge, provided Mr. Abrego Garcia the ability to stay and work in the United States despite being the subject of a deportation order. This ruling was made under the Trump Administration in 2019 and was in fact required by law under section 241(b)(3) of the Immigration and Nationality Act once the immigration judge made the factual determination that Mr. Abrego Garcia faced a likelihood of torture in El Salvador. At the time, the Trump Administration made no effort to appeal the judge’s ruling or pursue Mr. Abrego Garcia’s deportation further. Court filings attest that Mr. Abrego Garcia has complied with regular ICE check-ins, has no criminal charges, and has had no contact with any other law-enforcement agency since his release in 2019.  

Mr. Abrego Garcia is currently being held at CECOT, a maximum-security prison in El Salvador notorious for human rights abuses, after being deported in violation of the law to the very country where his return was impermissible. Though the Administration has admitted in court that his deportation was a mistake, it alleges that there is nothing it can do to address this injustice, given that Mr. Abrego Garcia is now in the jurisdiction of the government of El Salvador as part of an agreement to imprison U.S. deportees in exchange for financial compensation.  

Your unwillingness to immediately rectify this “administrative error” is unacceptable. Under multiple Democratic and Republican administrations, the Department of Homeland Security and ICE followed the rule of law and worked to quickly return people who were wrongfully deported, in the rare instances where such “administrative errors” occurred. The Administration’s mass deportation agenda does not transcend immigration law or the need for due process. And when the Administration makes a mistake as severe as sending an individual with protected status to a foreign prison, it cannot simply shrug off responsibility and allege that there is nothing it can do to reunite him with his wife and child, who are American citizens. On Friday, a U.S. District Court judge in the District of Maryland ordered the government to return Mr. Abrego Garcia to the United States, and on Monday the Fourth Circuit denied the government’s motion to stay the order. The Administration should promptly comply with the district court’s order.

To address our concerns about this matter and to provide clarity on the Department of Homeland Security and ICE’s policy regarding the immigration enforcement actions against immigrants with protected status, we ask that your Administration answer the following questions by April 22, 2025: 

1. The standard and legal course for the government to take to deport someone with protected status would be to reopen the case, introduce evidence that grounds for terminating the protected status exist, and then allow an immigration judge to make a determination as to their status. Why was that course of action not taken in this case?  
2. In the past, DHS and ICE worked to quickly return people to the U.S. who were erroneously deported. Why is DHS and ICE no longer following these well-established procedures and practices?   
3. Vice President J.D. Vance and Press Secretary Karoline Leavitt have both claimed that Mr. Abrego Garcia is an MS-13 gang member, but the government was unable or unwilling to provide any evidence to substantiate that claim to the court. Please provide any evidence of Mr. Abrego Garcia’s membership in MS-13.
4. Given that the Administration is reportedly paying $6 million to El Salvador to detain deported immigrants at CECOT, why does it believe that there is nothing it can do to return Mr. Abrego Garcia to his family in the United States? Please provide a copy of the agreement between the U.S. and El Salvador on the detention of people deported from the U.S. in CECOT.
5. Are there any other cases that the Administration is aware of in which an immigrant with protected status was illegally deported without due process? If so, identify those cases and explain what, if anything the government is doing to rectify those errors. 
6. Will the Administration commit to reviewing all of the cases of its deportees to ensure that it has appropriately identified all of the errors? 
7. What actions will the Administration take in the future to ensure that immigrants with protected status are afforded their appropriate due process? 

We appreciate your prompt attention to this vital matter and look forward to reviewing your fulsome, timely response. 

Sincerely,

###

WASHINGTON – Today, Vice Chairman of the Senate Select Committee on Intelligence Mark R. Warner (D-VA) wrote a letter to President Trump expressing concerns over the administration’s handling of the legally-required divestiture of the social media platform TikTok, including the decision by the administration to once again extend the deadline for TikTok’s parent company, China-based Bytedance, to continue to operate the service and collect Americans’ data.

“The news reports around the extension suggest that the likely deal under consideration would not meet the clear statutory thresholds for eliminating ByteDance’s influence over TikTok’s U.S. operations,” Sen. Warner wrote. “Specifically, it would preserve a material, operational role for ByteDance by not only allowing it to retain a significant equity stake in the divested entity, but also an active role in technology development and maintenance, including over the algorithm governing content displayed to TikTok U.S. users. I also will note that the law passed by Congress only allowed for a single extension of no more than 90 days.  This second delay, announced April 4, 2025, is a clear violation of the law while also continuing to leave Americans vulnerable to malign influence operations conducted by an adversary country.”

“A successful and comprehensive divestiture will require any successor to scrupulously prevent influence or access by ByteDance or other entities under the jurisdiction of the People’s Republic of China.  The deal being discussed undermines confidence that the divested app can be trusted to protect national security and ensure compliance with the law,” he continued.

Sen. Warner also reiterated the role of Congress in regulating foreign and interstate commerce, emphasized that the bill that requires divestment passed with bipartisan support, and pressed the Trump administration to follow the law.

He continued, “I strongly encourage you actually adhere to the law Congress passed and immediately convene an inter-agency team to evaluate any prospective divestiture based on genuine, risk-based criteria.  Any qualified divestiture must ensure a clean operational break from ByteDance and TikTok USA, including by preventing either company from continuing to develop, influence, or access personal data or source code (including the content recommendation algorithm) maintained by the divested company.”

Sen. Warner long led the charge in Congress to combat foreign social media influence campaigns, and keep Americans’ sensitive personal data out of the hands of the Communist Party of China, and has been vocal about the national security threat that ByteDance poses. He has repeatedly said the only eligible buyers of the app are companies that are not beholden to a U.S. adversary.

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

Dear President Trump:

I write to express concerns with the extension that you announced on Friday April 4, 2025 to allow TikTok to continue its U.S. operations, as well as deep reservations with how you and other involved parties are carrying out the negotiations around the sale of TikTok. The news reports around the extension suggest that the likely deal under consideration would not meet the clear statutory thresholds for eliminating ByteDance’s influence over TikTok’s U.S. operations.  Specifically, it would preserve a material, operational role for ByteDance by not only allowing it to retain a significant equity stake in the divested entity, but also an active role in technology development and maintenance, including over the algorithm governing content displayed to TikTok U.S. users. I also will note that the law passed by Congress only allowed for a single extension of no more than 90 days. This second delay, announced April 4, 2025, is a clear violation of the law while also continuing to leave Americans vulnerable to malign influence operations conducted by an adversary country.

In key respects, the reported deal or arrangement appears to closely resemble the proposed “Project Texas” partnership that ByteDance previously sought approval for through the Committee on Foreign Investment in the United States (CFIUS).  As I and colleagues made clear at the time – and as CFIUS concluded in withholding its approval – such an arrangement would not sufficiently address the data security, counter-intelligence, and covert influence threats posed by ByteDance’s continued role in the provision of social media services in the United States.  More importantly, the bipartisan law the Congress overwhelmingly passed explicitly proscribes such an arrangement – both by categorically prohibiting a qualified divesture from being operated directly or indirectly (including through a parent company, subsidiary, or affiliate) by ByteDance, TikTok or a subsidiary or successor of either company, as well as by requiring that any qualified divestiture preclude “the establishment or maintenance of any operational relationship between the United States operations of the relevant foreign adversary controlled application and any formerly affiliated entities that are controlled by a foreign adversary, including any cooperation with respect to the operation of a content recommendation algorithm or an agreement with respect to data sharing.” 

A successful and comprehensive divestiture will require any successor to scrupulously prevent influence or access by ByteDance or other entities under the jurisdiction of the People’s Republic of China.  The deal being discussed undermines confidence that the divested app can be trusted to protect national security and ensure compliance with the law. For instance, industry outlets currently note that the company announced to manage the divested operations, Oracle, has facilitated ByteDance’s access to controlled advanced semiconductors, raising concerns about its willingness to proactively safeguard U.S. interests. Perhaps more concerningly, Oracle has recently suffered two significant data breaches – including a compromise to sensitive health records hosted by its Oracle Health division, as well as a separate breach involving Oracle Cloud.  Each of these incidents – that Oracle has continued to publicly deny despite sustained reports of confirmation and of private acknowledgement to clients - raise questions about whether Oracle can be trusted as the custodian of sensitive TikTok user data.

In addition, it appears that the efforts to facilitate a qualified divestiture have not followed the substantive, risk-based inter-agency process contemplated in the law.  Rather, reports have consistently painted a picture of an ad hoc process, driven by White House personnel.  Perhaps most concerning, you have explicitly suggested that your compliance with the statutorily mandated divestiture could be tied to negotiations over tariffs with the People’s Republic of China.

Congress retains the constitutional authority to regulate foreign and interstate commerce.  I strongly encourage you actually adhere to the law Congress passed and immediately convene an inter-agency team to evaluate any prospective divestiture based on genuine, risk-based criteria.  Any qualified divestiture must ensure a clean operational break from ByteDance and TikTok USA, including by preventing either company from continuing to develop, influence, or access personal data or source code (including the content recommendation algorithm) maintained by the divested company.

Sincerely,

###

WASHINGTON – U.S. Sen. Mark R. Warner (D-VA), Vice Chairman of the Senate Select Committee on Intelligence and a member of the Senate Banking Committee, wrote to Federal Trade Commission (FTC) Chairman Andrew Ferguson and to Attorney General Pam Bondi expressing concern over continued prevalence of fraud in the digital advertising industry, highlighting how this fraud hurts U.S. Government (USG) customers, and therefore, American taxpayers.

“The failures and misrepresentations of these verification vendors amount to far more than simple contradictions of their marketing puffery,” wrote Sen. Warner. “As publishers and advertisers rely on these services’ asserted ability to avoid bot traffic and deliver content to customers, these verification firms serve as cover for the systemic failure by key ecosystem stakeholders, potentially compromising a significant sector of the online ad market.”

The phenomenon of digital fraud has skyrocketed in recent years, with reports indicating that as of 2023, digital fraud has grown to $84 billion, up from $7.4 billion in 2017.

He continued, “Failure to meet the terms of contracts result in the misuse of taxpayer dollars, and undermine the efficacy of government public awareness and job recruitment campaigns. These failures drive inflated ad costs and reduced effectiveness for thousands of small and midsize businesses and charities that rely on digital advertising to succeed, and these increased costs trickle down to consumers who end up paying more for basic goods and services.”

In his letter to the FTC, Sen. Warner requested the commission investigate this wide-spread fraud:

1. Did verification vendors such as Integral Ad Science (“IAS”), DoubleVerify (“DV”), and HUMAN Security, among others, claim in their marketing materials to be able to perform real-time bot filtering and have the capability to prevent ads from serving to declared bots, such as those on the IAB Bots & Spiders List?
2. Do these verification vendors receive access to the “User Agent” field in real-time programmatic ad auctions from demand side platforms like Google DV360 and the Trade Desk?
3. Can the verification vendors’ pre-bid technology actually stop ads from serving to declared bots on the IAB Bots & Spiders List, or merely prevent ads from serving on website domains with historically high levels of bot traffic? If the latter, what evidence exists that can demonstrate specific websites are getting blocked, deliberately or inadvertently, from ad campaigns and thus de-monetized?
4. If the verification vendors do not receive access to the User-Agent and cannot block declared bots, did these vendors make false advertising claims and engage in deceptive trade practices when promoting their pre-bid bot avoidance or suspicious activity blocking technology?
5. What is the extent of the resulting financial harm to the United States government and non-profit advertisers, as well as to publishers that paid for this ineffective bot avoidance technology?

Additionally, Senator Warner requested that the Justice Department investigate the following:

1. Whether ad verification companies such as IAS, DV, and HUMAN have knowingly misrepresented their capabilities to federal government clients or government contractors, particularly regarding their ability to detect and filter bot traffic in real-time.
2. Whether the ad verification firms involved in these failures violated the False Claims Act by charging the government – or government contractors – for services they did not deliver.

Sen. Warner has been vocal about the harm caused by this continued fraud for years, and as the digital space continues to grow in reach and importance, he has stressed the need to reign it in. In 2016, Sen. Warner first called on the FTC to protect consumers from this digital fraud. In 2018, he expressed concern over its continued prevalence following a detailed reporting about inaction by the FTC and Google to curb these efforts.

A copy of the letter to the FTC is available here. A copy of the letter to the DOJ is available here.

###

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,

###

WASHINGTON—U.S. Sen. Mark R. Warner (D-VA), Vice Chairman of the Senate Select Committee on Intelligence, joined Sens. Alex Padilla (D-CA), Dick Durbin (D-IL) and 28 Democratic colleagues in urging Attorney General Pam Bondi to continue the essential work of the Department of Justice’s (DOJ) Election Threats Task Force, which directs the Department’s efforts to protect election officials from rising threats and acts of violence.

The senators’ letter comes as the Trump administration has significantly rolled back the federal government’s capacity to fight against foreign and domestic election security threats. On Attorney General Bondi’s first day in office, she disbanded the Federal Bureau of Investigation’s (FBI) Foreign Influence Task Force, hindering efforts to address secret influence campaigns waged by China, Russia, and other foreign adversaries. Additionally, the administration has fired or put on leave dozens of officials responsible for combating foreign election interference at the Cybersecurity and Infrastructure Security Agency (CISA) and has reportedly frozen all of CISA’s ongoing election security work. The administration has also defunded CISA’s nationwide program to train local officials and monitor threats through the Elections Infrastructure Information Sharing and Analysis Center.

“Given the recent disturbing personnel and policy decisions at the Department and the lack of transparency about the future of the Task Force, we request an immediate update on the status and activities of the Task Force, as well as what resources will be provided to ensure its important work continues so that election officials of both parties can safely administer our elections,” wrote the senators.

“Recent surveys have found that one in three election officials reported facing threats, harassment, and abuse. Similarly, 48 percent of local election officials know of someone who has left their job because of fear for their safety—a troubling loss of institutional knowledge needed for the smooth running of elections. Election workers continue to fear for their safety, so it is critical that the work of the Task Force continues to deter and counter these threats. In this challenging environment for election officials, it is essential to our democracy that they can continue to rely on the Department to uphold the law,” they continued.

In addition to Sens. Warner, Padilla, and Durbin, the letter was also signed by Sens. Amy Klobuchar (D-MN), Chuck Schumer (D-NY), Angela Alsobrooks (D-MD), Michael Bennet (D-CO), Richard Blumenthal (D-CT), Lisa Blunt Rochester (D-DE), Cory Booker (D-NJ), Maria Cantwell (D-WA), Chris Coons (D-DE), Ruben Gallego (D-AZ), Mazie Hirono (D-HI), Mark Kelly (D-AZ), Andy Kim (D-NJ), Angus King (I-ME), Ben Ray Luján (D-NM), Edward Markey (D-MA), Jeff Merkley (D-OR), Jon Ossoff (D-GA), Bernie Sanders (I-VT), Brian Schatz (D-HI), Adam Schiff (D-CA), Jeanne Shaheen (D-NH), Chris Van Hollen (D-MD), Raphael Warnock (D-GA), Elizabeth Warren (D-MA), Peter Welch (D-VT), Sheldon Whitehouse (D-RI), and Ron Wyden (D-OR).

In 2023, Sen. Warner joined his colleagues in sponsoring the Election Worker Protection Act, legislation that would provide states with proper resources to ensure the safety of these workers. Leading up to the 2024 elections, Sen. Warner also repeatedly raised the alarm about the elevated threat environment. As Chairman of the Intelligence Committee, he hosted open hearings to call on representatives from both the U.S. government and large tech companies to testify about their knowledge of and efforts to crack down on foreign malign influence online. He also warned of Russia and Iran’s attempts to influence the 2024 election. Sen. Warner sent a letter to CISA to push for more robust efforts to get ahead of these threats.

Full text of the letter is available here and below:

Dear Attorney General Bondi:

We write to strongly urge you to continue the critical law enforcement work of the Department of Justice’s Election Threats Task Force, which protects election officials from ongoing threats and acts of violence. Given the recent disturbing personnel and policy decisions at the Department and the lack of transparency about the future of the Task Force, we request an immediate update on the status and activities of the Task Force, as well as what resources will be provided to ensure its important work continues so that election officials of both parties can safely administer our elections.

The Task Force was established in the wake of the 2020 election cycle when election officials across the political spectrum began facing unprecedented threats of violence intended to thwart the peaceful transfer of power that is the hallmark of our democracy. In close collaboration with state and local law enforcement, the Task Force has assessed thousands of complaints of suspected threats of violence and investigated and prosecuted violent offenders. Over the years, these threats have not only continued but escalated.  The Task Force has investigated fentanyl-laced letters, bomb threats, and swatting incidents—serving as a legacy of the 2020 election and impacting the ways election officials interact with voters in their communities.

Recent surveys have found that one in three election officials reported facing threats, harassment, and abuse. Similarly, 48 percent of local election officials know of someone who has left their job because of fear for their safety—a troubling loss of institutional knowledge needed for the smooth running of elections. Election workers continue to fear for their safety, so it is critical that the work of the Task Force continues to deter and counter these threats. In this challenging environment for election officials, it is essential to our democracy that they can continue to rely on the Department to uphold the law.

Moreover, the federal government’s ability to fight election interference has been greatly hampered in the early weeks of this Administration. Dozens of officials at the Cybersecurity and Infrastructure Security Agency (CISA), who are responsible for combatting foreign election interference, have been fired or put on leave. CISA has also reportedly frozen all of its ongoing election security work, including defunding its nationwide program to train local officials and monitor threats through the “Elections Infrastructure Information Sharing and Analysis Center.” Additionally, on your first day in office, you signed a directive disbanding the FBI’s Foreign Influence Task Force, which was aimed at responding to secret influence campaigns waged by China, Russia, and other foreign adversaries.

We request a response on the status and future plans of the Election Threats Task Force, the extent of resources and personnel dedicated to its work, and how it plans to incorporate related work previously led by CISA and the Foreign Influence Task Force by March 31, 2025.

Sincerely,

###

WASHINGTON – U.S. Sens. Mark R. Warner and Tim Kaine (both D-VA) joined a bipartisan, bicameral group of their colleagues in sending a letter to U.S. Secretary of Agriculture Brooke Rollins urging the U.S. Department of Agriculture (USDA) to quickly publish clear guidelines on administering disaster relief aid to farmers following Hurricanes Helene and Milton.

“Following the destruction caused by recent natural disasters, including the catastrophic damages caused by Hurricanes Helene and Milton, our agricultural producers are heavily relying on the U.S. Department of Agriculture (USDA) to efficiently and fairly disperse this assistance,” wrote the members. “As the backbone of rural America, our workers in the agriculture and forestry industries desperately need access to the emergency funding Congress provided.”

The members continued, “It is critical that the USDA efficiently deploys the $20.78 billion in agriculture disaster relief aid to critical areas across the nation, especially in the Southeast. These losses have created an immediate financial burden on an already fragile agriculture economy.”

“Clear direction and quick action from the USDA on disaster payment structure would provide certainty and, in many cases, a lifeline for farmers to continue their operations. Lack of clarity in the rulemaking process for natural disaster programs will prevent many farmers from fully utilizing the aid,” the members wrote.

Sens. Warner and Kaine have been vocal advocates for significant federal resources to support Virginia’s recovery from Hurricane Helene and both met with Virginians impacted by Hurricane Helene in Southwest Virginia. They voted to pass short-term government funding legislation that included $110 billion in disaster relief for communities impacted by Hurricanes Helene and Milton after repeatedly urging Congress to act. The senators also successfully secured robust disaster relief funding for public lands as part of this disaster package. Last month, they sent a letter to the Administration urging swift distribution of funds for public lands.

Full text of the letter is available here and below:

Dear Secretary Rollins,

Congratulations on your confirmation as the next United States Secretary of Agriculture. We appreciate your recent comments underscoring your commitment to providing farmers with economic relief and disaster aid payments. We write to further urge an expedited rulemaking process for the agricultural disaster relief funding provided by Congress this past December. Following the destruction caused by recent natural disasters, including the catastrophic damages caused by Hurricanes Helene and Milton, our agricultural producers are heavily relying on the U.S. Department of Agriculture (USDA) to efficiently and fairly disperse this assistance. As you know, these natural disasters have caused irreparable damage to commodity and specialty crops, livestock, forestlands, and infrastructure, leaving farmers, ranchers, and foresters in desperate need of support. As the backbone of rural America, our workers in the agriculture and forestry industries desperately need access to the emergency funding Congress provided.

Our nation’s agricultural producers are thankful for the $110 billion disaster relief package that has been signed into law, and it is critical that the USDA efficiently deploys the $20.78 billion in agriculture disaster relief aid to critical areas across the nation, especially in the Southeast. These losses have created an immediate financial burden on an already fragile agriculture economy. Over the past two years, farm income has dropped drastically. In 2023, farm income dropped by $34.6 billion from the previous year, and in 2024, farm income dropped another $8.2 billion. This, coupled with the projected U.S. farm trade deficit to hit $49 billion in fiscal year 2025, has left farmers facing difficult financial conditions under which to renew lines of credit for this year’s growing season.

Producers from vulnerable agriculture communities that were hit hard by these recent natural disasters are at risk of greatly downsizing or having to shut down their operations if the agricultural disaster relief funding is not fully accessible in the upcoming months. Clear direction and quick action from the USDA on disaster payment structure would provide certainty and, in many cases, a lifeline for farmers to continue their operations. Lack of clarity in the rulemaking process for natural disaster programs will prevent many farmers from fully utilizing the aid.

We appreciate the USDA’s focus on this urgent matter. As you continue your role as the Secretary of Agriculture, we respectfully ask that you work to create transparent rulemaking in order to provide our producers a clear understanding of how to access these critical funds. We stand ready to collaborate with you and your team at the USDA to maximize the positive impact of this vital aid.

Sincerely,

###

WASHINGTON – U.S. Sens. Mark R. Warner and Tim Kaine, a member of the Senate Health, Education, Labor and Pensions Committee, (both D-VA) today joined U.S. Sen. Patty Murray (D-WA) and their Senate Democratic colleagues in sending a letter to U.S. Department of Health and Human Services Secretary Robert F. Kennedy, Jr. expressing serious alarm over the Trump Administration’s decision to cut NIH funding – a move that threatens to undermine America’s biomedical research infrastructure and set us back generations. These illegal cuts would create a serious funding shortfall for research institutions nationwide, undermining progress on lifesaving scientific advancements, and potentially costing the U.S. economy billions of dollars and threaten the livelihoods of hundreds of thousands of workers.  

 “As the largest public funder of biomedical research in the world, NIH plays a critical role in sustaining the research infrastructure necessary for scientific breakthroughs in cancer treatment, infectious disease prevention, and medical technology innovation, among many others. President Trump has wreaked havoc on the nation’s biomedical research system in recent weeks. In his first several days in office, President Trump imposed a hiring freeze, communications freeze, ban on travel, and cancellation of grant review and advisory panels that are necessary to advance research. While some of these efforts have been reversed, they continue to cause confusion and miscommunication among researchers and recipients of NIH funds,”wrote the senators.

Last week, the NIH announced it would set the maximum reimbursement rate for indirect costs to 15 percent – creating a serious funding shortfall for research institutions of all types across the country. This move would dismantle the biomedical research system and stifle the development of new cures for disease. It would also fail produce real cost savings and instead just shift costs to states who can’t afford to pay the difference.

“This change to NIH’s indirect cost rate represents an indiscriminate funding cut that will be nothing short of catastrophic for the lifesaving research that patients and families are counting on. The Administration’s new policy means that research will come to a halt, sick kids may not get the treatment they need, and clinical trials may shut down abruptly,” the senators continued.

The senators’ letter points out that, in addition to the stifling impact on discovering new cures and ripping away treatment from those who need it, changes to NIH policy and communications threaten jobs in all 50 states and the District of Columbia. NIH research supported more than 412,000 jobs and fueled nearly $93 billion in new economic activity in Fiscal Year 2023 and every dollar the NIH invests in research generates almost $2.50 in economic activity. 

“The Trump Administration has left researchers, universities, and health systems with great uncertainty about whether they can continue to support entire research programs and patient clinical trials across the country. Institutions and grantees nationwide are dealing with an unprecedented external communications “pause” enacted by new leadership at the U.S. Department of Health and Human Services, the lack of transparency regarding the Administration’s illegal funding freeze, and the uncertainty of how new Executive Orders would be applied to their critical work. These actions resulted in NIH freezing grant reviews and cancelling advisory meetings, delaying critical funding that scientists need to continue advancing new cures and treatments. These disruptions do not just slow research—they cost lives,”the senators stressed.

“Our standing as a world leader in funding and producing new medical and scientific innovations has been put at risk by these recent actions from the Trump Administration. We urge you to stop playing political games with the lifesaving work of the NIH and to allow NIH research to continue uninterrupted.”

This letter comes on the heels of a Monday ruling in which a federal judge temporarily blocked the NIH rate cut and set a hearing for February 21.

A copy of the letter is available here and below:

Dear Secretary Kennedy,

We write to express our serious concern with the Trump Administration’s recent decisions that threaten to undermine the nation’s biomedical research infrastructure and set us back generations. The steps the Trump Administration has taken will create a serious funding shortfall for research institutions nationwide, threaten to undermine progress on lifesaving scientific advancements, could cost the U.S. economy billions of dollars, and threaten the livelihoods of hundreds of thousands of workers.  

As the largest public funder of biomedical research in the world, NIH plays a critical role in sustaining the research infrastructure necessary for scientific breakthroughs in cancer treatment, infectious disease prevention, and medical technology innovation, among many others. President Trump has wreaked havoc on the nation’s biomedical research system in recent weeks. In his first several days in office, President Trump imposed a hiring freeze, communications freeze, ban on travel, and cancellation of grant review and advisory panels that are necessary to advance research. While some of these efforts have been reversed, they continue to cause confusion and miscommunication among researchers and recipients of NIH funds.

Just last week, NIH announced an illegal plan to cap indirect cost rates that research institutions rely on. In capping indirect cost rates at 15 percent for NIH-funded grants, this policy would cut funding essential for conducting research, such as operating and maintaining laboratories, equipment, and research facilities. This change to NIH’s indirect cost rate represents an indiscriminate funding cut that will be nothing short of catastrophic for the lifesaving research that patients and families are counting on. The Administration’s new policy means that research will come to a halt, sick kids may not get the treatment they need, and clinical trials may shut down abruptly.

These confusing and harmful policy changes threaten patient safety. The strength of the American research enterprise – recognized as the best in the world – is built on Congress’ bipartisan commitment to supporting essential research infrastructure. This funding, which Congress has long appropriated on a bipartisan basis, fuels groundbreaking medical discoveries and cements the United States’ position as the global leader in biomedical research. 

In addition to the stifling impact on discovering new cures and ripping away treatment from those who need it, changes to NIH policy and communications threaten jobs in all 50 states and the District of Columbia, with everyone from custodians, to research trainees, to scientists facing potential layoffs. NIH research supported more than 412,000 jobs and fueled nearly $93 billion in new economic activity in Fiscal Year 2023. Every dollar the NIH invests in research generates almost $2.50 in economic activity. These reckless policy changes not only threaten biomedical innovation and research, but also the livelihoods of thousands of workers in every state across the nation.

The Trump Administration has left researchers, universities, and health systems with great uncertainty about whether they can continue to support entire research programs and patient clinical trials across the country. Institutions and grantees nationwide are dealing with an unprecedented external communications “pause” enacted by new leadership at the U.S. Department of Health and Human Services, the lack of transparency regarding the Administration’s illegal funding freeze, and the uncertainty of how new Executive Orders would be applied to their critical work. These actions resulted in NIH freezing grant reviews and cancelling advisory meetings, delaying critical funding that scientists need to continue advancing new cures and treatments. These disruptions do not just slow research – they cost lives. 

The NIH plays a critical role in our nation’s efforts to fund scientific advancements that improve health and save lives. Our standing as a world leader in funding and producing new medical and scientific innovations has been put at risk by these recent actions from the Trump Administration. We urge you to stop playing political games with the lifesaving work of the NIH and to allow NIH research to continue uninterrupted. 

Sincerely,

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WASHINGTON - Today, Select Committee on Intelligence Vice Chair Mark Warner (D-VA) joined Senate Democratic Leader Chuck Schumer (D-NY), Appropriations Committee Vice Chair Patty Murray (D-WA), Finance Committee Ranking Member Ron Wyden (D-OR), Banking, Housing, and Urban Affairs Committee Ranking Member Elizabeth Warren (D-MA), and Homeland Security and Governmental Affairs Committee Ranking Member Gary Peters (D-MI), in sending the following letter to the new Treasury Secretary, Scott Bessent, after the Treasury Department’s inadequate responses and evasive answers to a request for information following the hostile takeover of the Treasury Department by Elon Musk and the so-called “Department of Government Efficiency” (“DOGE”). Specifically, the Senators are concerned about “DOGE” having access to the management and disbursement of trillions of dollars and the highly sensitive information of millions of Americans.

“The Bureau of the Fiscal Service’s payment system is absolutely vital to our economic and national security. Any infiltration or manipulation must be immediately addressed. Frankly, the information your Department has provided on the matter to date is woefully inadequate,” said the Senators. “We speak for not just the caucus, but for the millions of impacted Americans, when we say this is an urgent matter and your participation is necessary for the American people to have confidence that our government will continue to function effectively and that their privacy remains protected.”

The full text of the letter can be seen here and below.

Dear Secretary Bessent:

Senate Democrats are deeply concerned with the so-called “Department of Government Efficiency” (“DOGE”), Elon Musk, and his unnamed team’s seemingly hostile takeover of the Bureau of the Fiscal Service’s central payment systems. As you know, this is a highly sensitive government system that manages, processes, and disburses trillions of dollars, including Social Security and Medicare payments, tax refunds, and other highly sensitive information for millions of Americans. The seemingly illicit penetration of the system under the guise of an “operational efficiency assessment” demands your immediate attention, and Congress requires answers about the purpose and scope of “DOGE’s” activity. To that end, we request your attendance at a meeting with the Democratic Caucus as soon as possible.

Although we know that you and your Department have been made aware of these concerns, we have found the Department’s written response to Finance Committee Ranking Member Wyden and Banking Committee Ranking Member Warren wholly insufficient, and even illusive, and evasive and, in many cases, the responses stand in direct conflict to Elon Musk’s public statements about the work of “DOGE.” As you know, the Bureau of the Fiscal Service’s payment system is absolutely vital to our economic and national security. Any infiltration or manipulation must be immediately addressed. Frankly, the information your Department has provided on the matter to date is woefully inadequate.

We speak for not just the caucus, but for the millions of impacted Americans, when we say this is an urgent matter and your participation is necessary for the American people to have confidence that our government will continue to function effectively and that their privacy remains protected.

We eagerly await your confirmation and are looking forward to your addressing the Senate Democratic Caucus.

We request your response by tomorrow, Thursday, February 6, 2025.

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