(WASHINGTON) – U.S. Sens. Mark Warner and Tim Kaine (D-VA), and Representative Don Beyer (D-VA), joined by Congresswoman Eleanor Holmes Norton (D-DC), Representatives Jennifer Wexton (D-VA) and Gerry Connolly (D-VA), and House Natural Resources Committee Chair Raúl M. Grijalva (D-AZ) today wrote to Attorney General Merrick Garland urging that the U.S. Department of Justice reconsider the case of two U.S. Park Police officers who shot and killed Northern Virginian Bijan Ghaisar in 2017. Their request followed the recent decision by Virginia Attorney General Jason Miyares to drop an appeal in the case.

They wrote:

“We write today regarding the 2017 fatal shooting of 25-year-old Bijan Ghaisar by two United States Park Police (USPP) officers. Nearly five years after the fatal shooting of Bijan, it remains unclear to the Ghaisar family, to us, and to the broader community of the National Capital Region, how a traffic stop escalated to a fatal shooting. While the Department of Justice (DOJ) declined to pursue federal charges under the previous administration, we believe another look is warranted. Therefore, we respectfully request that DOJ reopen its investigation, pursue a vigorous analysis of the facts and law, and determine whether federal charges are merited.”

…

“As you know, the Federal Bureau of Investigation (FBI) investigated this shooting in detail, interviewing more than 150 individuals (including law enforcement, civilian, and medical witnesses), analyzing evidence at the FBI Laboratory in Quantico, and amassing an investigative file of some 10,000 documents. The focus of the Department’s investigation was to determine whether the officers had violated federal laws, in particular federal criminal civil rights statute 18 U.S.C. § 242. There is precedent for charges in a case like this, as DOJ’s Civil Rights Division pursued similar charges in the George Floyd and Ahmaud Arbery cases.

“What’s more, we understand that Bijan Ghaisar’s family, through counsel, has requested that the Civil Rights Division revisit its decision declining to prosecute the officers who shot and killed him. We further understand that the Department is now in possession of sworn deposition testimony taken from briefs submitted in a civil action, which includes testimony from a senior U.S. Park Police officer and a Fairfax County Police officer that may cast new light on the events of that tragic evening.

…

“The decision to escalate to deadly force must be explained – it is unconscionable to think such a low-level offense could justify being shot to death by police. Bijan’s family, and the public, are entitled to due process and an explanation of why their son is dead that reflects full scrutiny of this situation at all levels of the justice system. We hope you will use all resources and personnel at your disposal to give this case a fair, honest look and decide what the proper form of justice for this tragedy should be.”

Text of their letter follows below.

Dear Attorney General Garland:

We write today regarding the 2017 fatal shooting of 25-year-old Bijan Ghaisar by two United States Park Police (USPP) officers. Nearly five years after the fatal shooting of Bijan, it remains unclear to the Ghaisar family, to us, and to the broader community of the National Capital Region, how a traffic stop escalated to a fatal shooting. While the Department of Justice (DOJ) declined to pursue federal charges under the previous administration, we believe another look is warranted. Therefore, we respectfully request that DOJ reopen its investigation, pursue a vigorous analysis of the facts and law, and determine whether federal charges are merited.

In November 2019, DOJ’s Civil Rights Division informed the Ghaisar family that the Department would not pursue a federal indictment against the officers under 18 U.S.C. § 242. In October 2020, a grand jury convened in the Fairfax County Circuit Court returned criminal indictments against the USPP officers on state charges of involuntary manslaughter and reckless use of a firearm. The officers’ attorneys asked for a change of venue from the Fairfax County Circuit Court to the Alexandria Division of the Eastern District of Virginia. The request was granted by a federal district judge, and then, in October 2021, the same judge granted a motion to dismiss the case. The dismissal was made on the grounds of Supremacy Clause immunity, meaning the district court did not engage in fact finding or an analysis of whether Bijan’s rights under the U.S. Constitution were violated. Then-Virginia Attorney General Mark Herring and Fairfax County Commonwealth’s Attorney Steve Descano appealed the decision to the Fourth Circuit Court of Appeals. Unfortunately, Virginia’s new Attorney General has chosen to drop the Commonwealth’s appeal, leaving this question unsettled.

As Attorney General, you have rescinded memos that hampered the ability of DOJ’s Civil Rights Division to investigate police departments accused of misconduct, and, where appropriate, hold them accountable. You have worked to restore public trust after reports of political interference with investigations during the previous administration, which reportedly included cases under investigation by the Civil Rights Division. You authorized Justice Department and FBI personnel to cooperate with the Fairfax County Commonwealth’s Attorney investigation, which returned state criminal indictments against the USPP officers, after such cooperation was denied by the previous administration. These actions are commendable, and we hope you will extend this improved oversight to the Ghaisar case.

To summarize, the following major decisions were made without sufficient explanation: DOJ declining to file federal charges in 2019; DOJ declining to share physical evidence or the conclusions of its personnel with local attorneys; the federal district court’s dismissal of the case; and the Virginia Attorney General’s withdrawal from the appeal of the dismissal. Taken together, these decisions mean that Ghaisar’s family cannot be confident that the circumstances of Bijan’s death have received the rigorous legal scrutiny they deserve.

As you know, the Federal Bureau of Investigation (FBI) investigated this shooting in detail, interviewing more than 150 individuals (including law enforcement, civilian, and medical witnesses), analyzing evidence at the FBI Laboratory in Quantico, and amassing an investigative file of some 10,000 documents. The focus of the Department’s investigation was to determine whether the officers had violated federal laws, in particular federal criminal civil rights statute 18 U.S.C. § 242. There is precedent for charges in a case like this, as DOJ’s Civil Rights Division pursued similar charges in the George Floyd and Ahmaud Arbery cases.

What’s more, we understand that Bijan Ghaisar’s family, through counsel, has requested that the Civil Rights Division revisit its decision declining to prosecute the officers who shot and killed him. We further understand that the Department is now in possession of sworn deposition testimony taken from briefs submitted in a civil action, which includes testimony from a senior U.S. Park Police officer and a Fairfax County Police officer that may cast new light on the events of that tragic evening.

We want to be clear that we do not seek to pressure you to arrive at a decision that the evidence does not support. Rather, we simply seek an impartial review of the facts, including the newly adduced evidence from the civil proceeding. This case was only dismissed at the district level because of Supremacy Clause immunity, an issue that does not apply if the case is brought by the federal government. Supremacy Clause immunity would also not apply in other cases involving state, not federal, officers, which makes this case unique and not a pathway to reopen every case the DOJ may have declined to consider under prior administrations. 

The decision to escalate to deadly force must be explained – it is unconscionable to think such a low-level offense could justify being shot to death by police. Bijan’s family, and the public, are entitled to due process and an explanation of why their son is dead that reflects full scrutiny of this situation at all levels of the justice system. We hope you will use all resources and personnel at your disposal to give this case a fair, honest look and decide what the proper form of justice for this tragedy should be.

Thank you for your consideration. We look forward to your response.

Sincerely,

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WASHINGTON— U.S. Sens. Mark R. Warner and Tim Kaine applauded House passage of their bipartisan legislation to commemorate historic sites that catalyzed litigation leading to the landmark 1954 Supreme Court decision, Brown v. Board of Education of Topeka. The bill, which unanimously passed the Senate earlier this month, now heads to President Biden’s desk to be signed into law. The legislation will expand the Brown v. Board of Education National Historic Site in Kansas and designate National Park Service (NPS) Affiliated Areas in Delaware, South Carolina, Kansas, Virginia, and the District of Columbia. Specifically, it will recognize the Moton Museum, formerly the Robert Russa Moton High School, in Farmville, Virginia, where Barbara Johns led a protest against school segregation and demanded better conditions for Black students. This designation would help protect the site.

The 1954 Supreme Court decision in Brown v. Board of Education of Topeka transformed the United States, overruling Plessy v. Ferguson and striking down school segregation as unconstitutional. The Brown decision was a major catalyst of the Civil Rights Movement of the 1950s and 1960s.

“Seventy-one years after Barbara Johns led a protest against school segregation at Moton High School in Farmville, we’re thrilled that our legislation to commemorate the Moton Museum and other historic sites associated with Brown v. Board of Education is headed to President Biden’s desk to be signed into law,” said Sens. Warner and Kaine. “We’re proud to help preserve this history and recognize stories of courageous Americans who fought for justice and equality.”

The creation of NPS Affiliated Areas in Delaware, Virginia, and the District of Columbia for sites associated with the Brown v. Board of Education case and an expansion of the Brown v. Board of Education National Historic Site to include the related sites in South Carolina provides an opportunity for these sites to tell their own under-recognized histories of the Brown v. Board of Education case.

In collaboration with local partners and other stakeholders, the National Trust will continue its work to bring recognition to communities that fought for school integration and make connections between communities engaged in the fight for educational equity, past and present.

The legislation was crafted in partnership with the National Trust for Historic Preservation. In the Senate, the bill was led by U.S. Sens. Chris Coons (D-DE) and Lindsey Graham (R-SC), and supported by U.S. Sens. Tim Scott (R-SC), Tom Carper (D-DE), Jerry Moran (R-KS), and Roger Marshall (R-KS).

Sens. Warner and Kaine were also proud to secure $500,000 in dedicated funding for critical facility upgrades at the Moton Museum in Farmville through the Fiscal Year 2022 budget, and supported efforts to honor Barbara Johns as one of Virginia’s two statues in the United States Capitol.

The bill text is available here.

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WASHINGTON – U.S. Sens. Mark R. Warner and Tim Kaine (both D-VA) released the following statement today following the decision by Attorney General Miyares to drop the state’s federal appeal in the manslaughter case against the two U.S. Park Police officers involved in the November 2017 shooting of Bijan Ghaisar: 

“Our hearts go out to Bijan Ghaisar’s loved ones, who have spent more than four years searching for closure following the fatal shooting of Bijan by two U.S. Park Police officers. We are deeply disappointed by this decision by Attorney General Miyares to end Virginia’s pursuit of justice for Bijan and his family. This decision only stands to cause further harm to the Fairfax County community while preventing a heartbroken family from reaching the closure they desperately need. We will continue to support the Ghaisar family’s pursuit of justice for Bijan. ”

In January of 2018, Sens. Warner and Kaine, and Rep. Don Beyer (D-VA), pushed the FBI for an update on the status of its investigation into the fatal 2017 shooting. In October of that year, Sen. Warner sent a letter to the head of the National Park Service (NPS) regarding the circumstances under which U.S. Park Police officers engaged with Bijan.

In June of 2019, Sen. Warner along with Sen. Chuck Grassley (R-IA) decried the opaque and drawn-out nature of the review in letters to both the FBI and NPS. Two months later, the FBI provided a brief response, leaving many questions unanswered. In October, NPS provided a partial response, which prompted a follow-up letter from the Senators seeking more information.

In November 2019, Sens. Warner and Grassley pledged to seek greater transparency and formally requested an FBI briefing on its investigation into the shooting – shortly after the FBI concluded its lengthy investigation without fully explain its findings, including why the two officers opened fire on Ghaisar. In February 2020, Sen. Warner voted against the nomination of Katharine MacGregor to be Deputy Secretary of the Interior, and in May, announced that he would place a hold on future Department of the Interior nominees until he receives adequate responses to his questions surrounding the Park Service’s handling of the shooting. Later that July, Sen. Warner pressed NPS for answers regarding its internal affairs investigation into the killing of Bijan, and the following month, he joined Sen. Grassley in a letter expressing concern over the department’s refusal to answer a number of questions in a briefing. In October 2020, Sen. Warner reiterated the need for justice after Fairfax Commonwealth's Attorney Steve T. Descano brought forth two charges against the officers.

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WASHINGTON — U.S. Sens. Mark R. Warner and Tim Kaine applauded unanimous Senate passage of their bipartisan legislation to commemorate the historic sites that catalyzed litigation leading to the 1954 landmark Supreme Court decision, Brown v. Board of Education of Topeka. The bill will expand the Brown v. Board of Education National Historic Site in Kansas and designate National Park Service (NPS) Affiliated Areas in Delaware, South Carolina, Kansas, Virginia, and the District of Columbia. Specifically, the legislation would recognize the Moton Museum, formerly the Robert Russa Moton High School, in Farmville, Virginia, where Barbara Johns led a protest against school segregation and demanded better conditions for Black students.

The 1954 Supreme Court decision in Brown v. Board of Education of Topeka transformed the United States, striking down the separate-but-equal doctrine established by Plessy v. Ferguson in 1896. The Brown decision ended the practice of legalized segregation in educational facilities and was a major catalyst of the Civil Rights Movement of the 1950s and 1960s.

“Seventy years ago, 16-year-old Barbara Johns led a walkout to protest school segregation alongside all 450 of her fellow Black classmates at the Robert Russa Moton High School in Farmville, Virginia. Ms. Johns’ student-led demonstration spurred one of the five cases that would eventually head to the Supreme Court under the Brown v. Board of Education lawsuit,” said Sen. Warner. “As we honor Barbara Johns’ legacy in the halls of Congress with her statue, I’m proud to join this effort to commemorate the Brown v. Board of Education National Historic Site and further recognize the vital role played by the R.R. Moton School in Farmville in ending school segregation.”

“In April 1951, Barbara Johns led her classmates in a protest to demand better conditions for Black students at the segregated Moton School in Farmville, Virginia. I’m proud the Senate passed our bipartisan bill to honor the Moton Museum and other historic sites connected to Brown v. Board of Education,” said Sen. Kaine. “As we approach the 68th anniversary of this landmark ruling, we must continue to tell inspiring stories of Americans fighting for equality and recommit ourselves to upholding the principle of equal protection under the law.”

The legislation was crafted in partnership with the National Trust for Historic Preservation. In the Senate, the bill was led by U.S. Senators Chris Coons (D-DE) and Lindsey Graham (R-SC), and supported by U.S. Senators Tim Scott (R-SC), Tom Carper (D-DE), Jerry Moran (R-KS), and Roger Marshall (R-KS).

“With the passage of the Brown v. Board National Historic Site Expansion Act to designate all of the sites associated with this monumental Supreme Court case, history is not just memorialized but also made whole,” said Paul Edmondson, President and CEO of the National Trust for Historic Preservation. “At the National Trust, we have been diligently working to reveal and amplify a more complete view of our national history and we’re pleased to have partnered with Senator Coons and Congressman Clyburn in this important work. The heroism of the communities, parents and schoolchildren who dared to demand equal access to education can now be properly celebrated through these historic places.”

“This preservation process reveals how all history is truly made,” said Brent Leggs, Executive Director of the African American Cultural Heritage Action Fund. “So often it takes more than one great man, woman or even a single community to create change, despite the way the stories of history are often recounted. Actually, it requires many ‘ordinary people with extraordinary vision’ to move a society forward. We applaud those courageous attorneys, families, and activists, some known and others unknown, who put so much at risk to secure educational equality for all Americans. Thanks to our preservation partners, the full history of this landmark case will forever be memorialized and interpreted to inspire the next generation of social justice leaders.”

“The Robert R. Moton Museum is excited to join with communities involved in the historic Brown v. Board of Education of Topeka decision. In seeking to become an affiliated area of the National Park Service, we know this affiliation will allow us the opportunity to better collaborate with other communities involved in the historic Brown decision as we work to ensure that countless individuals have the opportunity to know of the courage and sacrifice that citizens made towards equality in education,” said Mr. Cameron D. Patterson, Executive Director of the Robert R. Moton Museum in Farmville, Virginia. “The Moton Museum Board of Trustees, Moton Museum Community Council, and our partner institution Longwood University in offering their support towards this effort, recognize that the resources and benefits offered from this affiliation with the National Park Service will only strengthen our ability to fulfill our mission as a museum.”

The creation of NPS Affiliated Areas in Delaware, Virginia, and the District of Columbia for sites associated with the Brown v. Board of Education case and an expansion of the Brown v. Board of Education National Historic Site to include the related sites in South Carolina provides an opportunity for these sites to tell their own uplifting, under-recognized stories of students, parents, and their allies who helped shape American society. 

Enactment of this legislation has the potential to appropriately recognize the sites associated with the other four court cases and help them to combine current uses with preservation and public education.  In collaboration with local partners and other stakeholders, the National Trust will continue their collective work to bring recognition to communities that fought for school integration, helping these sites to tell their own history of the Brown v. Board of Education case and make connections to other communities engaged in the fight for educational equity, past and present.

On Wednesday, the bipartisan bill unanimously passed in the House Committee on Natural Resources. The House will soon consider the bill, and then it will go to President Biden’s desk to be signed into law.  

The bill text is available here.

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WASHINGTON — Today, U.S. Sens. Mark R. Warner and Tim Kaine applauded Senate passage of a bipartisan resolution condemning a recent series of bomb threats at Historically Black Colleges and Universities (HBCUs) and reaffirming the government’s commitment to combatting violence against students, faculty, and staff. The resolution was led by Senators Chris Coons (D-DE) and Tim Scott (R-SC) and passed unanimously in the Senate.

Since January, the FBI has reported 44 bomb threats to HBCUs, including at Norfolk State University and Hampton University.

“The unanimous passage of this resolution underscores the strong condemnation of recent threats against HBCUs and need to conduct thorough investigations to hold perpetrators accountable,” said the Senators. “We’ll continue to help HBCUs access federal resources to keep their campuses safe, and we remain committed to combatting hate and violence.”

Warner and Kaine are longtime advocates of HBCUs. Kaine successfully pushed to pass legislation he cosponsored called the HBCU Propelling Agency Relationships Towards a New Era of Results for Students (PARTNERS) Act, which strengthens partnerships between federal agencies and HBCUs. Warner successfully pushed to promote defense research at HBCUs in the most recent defense authorization bill which included a version of his Building Equitable Access to Contribute to Our National Security (BEACON) Act.

Joining Coons, Scott, Warner, and Kaine in cosigning the resolution were Senators Raphael Warnock (D-GA), Richard Blumenthal (D-CT), Cory Booker (D-NJ), Sherrod Brown (D-OH), Ben Cardin (D-MD), Tom Carper (D-DE), Bob Casey (D-PA), Tammy Duckworth (D-IL), Dick Durbin (D-IL), Dianne Feinstein (D-CA), Mazie Hirono (D-HI), Amy Klobuchar (D-MN), Ed Markey (D-MA), Joe Manchin (D-WV), Jeff Merkley (D-OR), Patty Murray (D-WA), Jon Ossoff (D-GA), Alex Padilla (D-CA), Bernie Sanders (I-VT), Jeanne Shaheen (D-NH), Debbie Stabenow (D-MI), Chris Van Hollen (D-MD), Elizabeth Warren (D-MA), Marsha Blackburn (R-TN), Roy Blunt (R-MO), John Boozman (R-AR), Mike Braun (R-IN), Richard Burr (R-NC), Shelley Moore Capito (R-WV), Bill Cassidy (R-LA), John Cornyn (R-TX), Tom Cotton (R-AR), Ted Cruz (R-TX), Chuck Grassley (R-IA), Bill Hagerty (R-TN), Cindy Hyde-Smith (R-MS), Jim Inhofe (R-OK), Mitch McConnell (R-KY), Marco Rubio (R-FL), Rick Scott (R-FL), Thom Tillis (R-NC), and Roger Wicker (R-MS).

The resolution text is available here.  

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 WASHINGTON – U.S. Sen. Mark R. Warner (D-VA) released the following statement today after a federal judge dismissed all charges against the two U.S. Park Police officers involved in the November 2017 shooting of Bijan Ghaisar: 

“My heart is with Bijan’s parents, Kelly and James, and with all of his family and friends. Bijan’s death was a senseless tragedy and it never should have happened. It has been almost four years since Bijan was killed and his family still doesn’t have justice with which to carry on, or closure about what happened that night. I will continue to fight to ensure no other family has to experience this kind of pain.”

In January of 2018, Sen. Warner, along with Sen. Tim Kaine (D-VA) and Rep. Don Beyer (D-VA), pushed the FBI for an update on the status of its investigation into the fatal 2017 shooting. In October of that year, Sen. Warner sent a letter to the head of the National Park Service (NPS) regarding the circumstances under which U.S. Park Police officers engaged with Bijan.

In June of 2019, Sen. Warner along with Sen. Chuck Grassley (R-IA) decried the opaque and drawn-out nature of the review in letters to both the FBI and NPS. Two months later, the FBI provided a brief response, leaving many questions unanswered. In October, NPS provided a partial response, which prompted a follow-up letter from the Senators seeking more information.

In November 2019, the Senators pledged to seek greater transparency and formally requested an FBI briefing on its investigation into the shooting – shortly after the FBI concluded its lengthy investigation without fully explain its findings, including why the two officers opened fire on Ghaisar. In February 2020, Sen. Warner voted against the nomination of Katharine MacGregor to be Deputy Secretary of the Interior, and in May, announced that he would place a hold on future Department of the Interior nominees until he receives adequate responses to his questions surrounding the Park Service’s handling of the shooting. Later that July, Sen. Warner pressed NPS for answers regarding its internal affairs investigation into the killing of Bijan, and the following month, he joined Sen. Grassley in a letter expressing concern over the department’s refusal to answer a number of questions in a briefing. In October, Sen. Warner reiterated the need for justice after Fairfax Commonwealth's Attorney Steve T. Descano brought forth two charges against the officers.

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WASHINGTON – Today, U.S. Senator Mark R. Warner (D-VA) joined Senator Mazie K. Hirono (D-Hawaii) in introducing a resolution marking May as Asian Pacific American Heritage Month. The resolution highlights the contributions to our country by generations of Asian Americans, Native Hawaiians, and Pacific Islanders.

“As we’ve seen violence and racism toward Asian Americans on the rise over the last year, it’s more important than ever to celebrate the heritage and culture of the AAPI community during Asian Pacific American Heritage Month,” Senator Warner said. “Asian Americans and Pacific Islanders have played key roles in shaping our nation’s history, and the month of May offers us an important opportunity to recognize the AAPI community for their many contributions to our country.”

“This Asian Pacific American Heritage Month is particularly meaningful. As we celebrate the rich diversity and contributions of Asian Americans, Native Hawaiians, and Pacific Islanders in our country, these very communities have been under attack throughout the pandemic. We must take this opportunity to stand together with these communities and continue our work to advance civil rights and equal treatment for all Americans,” Senator Hirono said.

The full resolution text is available here

The legislation is also cosponsored by Senators Tammy Baldwin (D-Wis.), Michael Bennet (D-Colo.), Richard Blumenthal (D-Conn.), Cory Booker (D-N.J.), Sherrod Brown (D-Ohio), Maria Cantwell (D-Wash.), Ben Cardin (D-Md.), Tom Carper (D-Del.), Bob Casey (D-Pa.), Chris Coons (D-Del.), Catherine Cortez Masto (D-Nev.), Tammy Duckworth (D-Ill.), Dick Durbin (D-Ill.), Dianne Feinstein (D-Calif.), Maggie Hassan (D-N.H.), Tim Kaine (D-Va.), Mark Kelly (D-Ariz.), Amy Klobuchar (D-Minn.), Ed Markey (D-Mass.), Bob Menendez (D-N.J.), Jeff Merkley (D-Ore.), Alex Padilla (D-Calif.), Jacky Rosen (D-Nev.), Brian Schatz (D-Hawaii), Jeanne Shaheen (D-N.H.), Tina Smith (D-Minn.), Chris Van Hollen (D-Md.), Elizabeth Warren (D-Mass.), and Ron Wyden (D-Ore.).

"As prejudice toward and violence against the Asian American, Native Hawaiian and Pacific Islander (AANHPI) community have tragically been on the rise since the COVID-19 pandemic began, it’s as important as ever that we spend this Asian Pacific American Heritage Month reflecting on the countless ways the AANHPI community has shaped our nation’s history and take pride in the continued contributions of our children and our children’s children,” Senator Duckworth said. “As Asian Pacific American Heritage Month comes to a close, we must continue to work for progress for our community and ensure the American Dream remains within reach for all.”

“I’m proud to join my Senate colleagues today in introducing this resolution to recognize the numerous contributions and achievements of the Asian, Native Hawaiian, and Pacific Islander communities, as well as the hardships they have faced. As a diverse nation, we are made stronger by celebrating the heritage and traditions of Asian Americans and uplifting their stories,” Senator Durbin said. “In standing with the AAPI community, this month, and each day, it is also our responsibility to condemn and combat racism and discrimination targeting Asian Americans.”

“This month, we celebrate the heritage, culture, and contributions of Asian Americans, Native Hawaiians and Pacific Islanders in Oregon and nationwide,” Senator Wyden said. “As anti-Asian hate crimes are on the rise, it’s even more crucial that all Americans recognize and condemn the discrimination AAPI communities continue to face, while lifting up the immense value AAPI individuals bring to the nation. I’m proud to stand alongside my colleagues in support of our AAPI neighbors with this resolution."

“The importance of Asian Pacific American Heritage Month took on added urgency this year, as Congress and the Biden Administration acted decisively to address an alarming rise in anti-Asian sentiments and discrimination that resulted from the ongoing COVID-19 pandemic,” Senator Menendez said. “While this month may be coming to an end, we must all continue to reaffirm our steadfast commitment to standing with our AAPI brothers and sisters who have suffered unspeakable violence and do everything we can to elevate and celebrate the rich contributions of the AAPI community to all facets of American society.”

“Throughout May, we take time to honor and reflect upon the great contributions that Asian Pacific Americans have bestowed on our country,” Senator Markey said. “From cultural and civic leaders, to frontline workers and scientists on the frontlines of combatting the COVID-19 pandemic, we are deeply grateful for all the Asian Pacific American community has given to us. We also reaffirm our commitment to both ending the bigotry and violence that far too many across the country have suffered, and fighting the barriers and inequities that still impact many in our Asian Pacific American communities.”

“Asian American and Pacific Islanders have deep roots in Nevada and across the country, and I will always advocate for them. During Asian Pacific American Heritage Month, I’ve celebrated with our AAPI community and I’ve also worked with local leaders in Nevada to make sure our government is doing everything it can to address the nationwide rise in hate crimes targeting AAPI Americans. Following conversations with Nevada’s AAPI community leaders, I was proud to help pass the COVID-19 Hate Crimes Act, and I will continue to stand up for their community in the Senate,” Senator Cortez Masto said.

“After a year that has seen hateful attacks and vile racism directed toward the Asian American and Pacific Islander community, this resolution sends a resounding message – we stand with you. From leaders in business and government to life-saving researchers and heroes in our armed forces, the AAPI community continues to build our country up to help America fulfill its potential. I’m proud to join my colleagues in this resolution to honor Asian Pacific American Heritage Month,” Senator Blumenthal said.

“Asian Pacific American Heritage Month is a time to celebrate and reflect on all the rich contributions that Asian Americans and Pacific Islanders have made to our country,” Senator Hassan said. “And this year, we also commit to addressing the tragic rise in hate crimes against the AAPI community. I will continue to stand together with Senator Hirono and my colleagues to support the AAPI community. We all have a responsibility and duty to speak out against prejudice and hate of any kind.”  

“During Asian Pacific American Heritage month, I am pleased to celebrate a community that’s been part of our Nation’s fabric since the beginning,” Senator Casey said. “I stand in solidarity with the AAPI community in Pennsylvania and across the United States. We must continue to speak out against anti-Asian racism and fight for equality for all.”

“This month is about honoring and celebrating the countless achievements of our nation’s Asian Americans and Pacific Islanders,” Senator Klobuchar said.“In response to the rise in hate crimes throughout the coronavirus pandemic, I was proud to cosponsor the COVID-19 Hate Crimes Act and watch as President Biden signed this historic bill into law. This May, and all year long, we must recommit ourselves to combating prejudice and doing all we can to support AAPI communities nationwide.”

“Asian Pacific American Heritage Month is a time to celebrate the generations of Asian Americans and Pacific Islanders who have shaped our nation’s history. Thanks to their achievements and contributions, the fabric of our country is richer and stronger,” Senator Shaheen said. “As we recognize AAPI accomplishments and culture, we must also double down on our commitment to unequivocally condemn and stop the violence and hate that is targeting AAPI communities. Our nation’s diversity is our strength, and I am proud to stand with our AAPI communities in solidarity against the surge in racist attacks.” 

“Asian Pacific American Heritage Month offers all Americans the opportunity to recognize and to appreciate the important role of this community in our nation – both throughout history and today,” Senator Cardin said. “The Asian American population is the fastest growing population in the United States and, over the past year, Asian Americans and Pacific Islanders have played a vital role in our nation’s battle with COVID-19. Serving as frontline workers, first responders and emergency personnel, they have provided life-saving and critical care to hundreds of thousands of people during unprecedented times. I’m proud to join with so many of my colleagues to both celebrate and stand in solidarity with the AAPI community.”

“Throughout the past year, we’ve seen a sharp rise in hate crimes against the AAPI community—disturbing acts of violence that have taken lives and attacked the vision of America as a country of freedom and equality for all. We must stand united and unequivocally condemn these disturbing hate crimes, and confront racism in our country,” Senator Merkley said. “This month—and every month—we must recognize and celebrate the countless contributions and achievements of Asian Americans, Native Hawaiians, and Pacific Islanders, and reaffirm our commitment to dismantling bigotry and hatred in our communities.”

"Now more than ever, it is important that we recognize and celebrate the many contributions Asian Pacific Americans have made to our country," Senator Bennet said. "I'm pleased to sponsor this resolution designating May as Asian Pacific American Heritage Month. My hope is that this will not only help us acknowledge the history and culture of the AAPI community, but commit us to standing up to prejudice and hate in all of its forms."

“With the rise of hate and bigotry against Asian Americans since the onset of the COVID-19 pandemic, it’s even more critical to honor the countless contributions the AAPI community has made in our country. As we pay tribute to the AAPI community this month, we must also acknowledge there is more work to do, and we must stand together against the recent rise in hate and violence. I’m proud to join Senator Hirono and my colleagues today in celebrating and recognizing May as Asian/Pacific American Heritage Month,” Senator Carper said. 

“As this Asian Pacific American Heritage Month comes to an end, not only must we celebrate a rich history, we must also  recognize and address the persistent bias and discrimination that Asian Americans have faced and continue to face in this country,” Senator Booker said.  “Members of the Asian American and Pacific Islander community strengthen the fabric of our nation, and I am proud to reintroduce this critical legislation with my Democratic colleagues that will commemorate their contributions and fight for greater visibility and opportunity across the country and in New Jersey.”

“Asian Pacific American Heritage Month is an important opportunity to honor the contributions Asian Americans and Pacific Islanders have made throughout our nation’s history while simultaneously condemning the rise of hate crimes targeting this community during the pandemic. The strength of our country is rooted in our diversity, and it’s important that we recognize and celebrate that fact – that’s what this resolution does,” Senator Feinstein said.

“In the United States, Asian and Pacific Americans have a long and important history of significant contributions to our country. This is particularly true in Washington state, and we recognize how Asian and Pacific Americans have shaped our way of life,” Senator Cantwell said. “Sadly, this same history has also been marked by periods of hate, xenophobia, and violence, like we have seen during the pandemic. It is even more important that as a country we acknowledge and celebrate Asian and Pacific Americans’ rich history, culture, and traditions this month.”

“Our country would not be what it is today if it weren’t for the countless contributions of generations of Asian-Americans and Pacific Islanders to our culture, society, and economy,” Senator Brown said. “It’s our responsibility to show our Asian-American friends, neighbors, and colleagues that we stand with them by combatting the rise of hate crimes and anti-Asian stigma, and honoring the diverse cultural heritage of the AAPI community present in every corner of America.”

"This month, we take time to highlight and honor the important contributions that members of the Asian American and Pacific Islander community have made to our country. But this is also a moment for us to stand up and speak out against hate and violence directed at the AAPI community – hate that has been exacerbated by the COVID-19 pandemic and hate that will continue to spread if we don’t act. We must dedicate ourselves to rooting out this bigotry in all its ugly forms, and I’m glad that the Congress has passed and the President has signed a new law aimed at doing just that. But our work is far from over, and I’m proud to stand alongside my colleagues in support of the AAPI community, this month and every month,” Senator Van Hollen said.

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WASHINGTON —U.S. Senators Mark R. Warner and Tim Kaine joined Senator Brian Schatz and their colleagues in reintroducing the Federal Adjustment of Income Rates (FAIR) Act, a bill that would provide federal employees with a 3.2 percent pay increase in 2022. 

“For years, federal employees have faced pay freezes, furloughs, and government shutdowns all while continuing to protect and serve the American people,” the Senators said. “The FAIR Act will finally give these hard-working people the pay raise they deserve.”

Senators Warner and Kaine have been strong advocates for Virginia’s federal employees. Last year, the Senators cosponsored the Protecting Collective Bargaining and Official Time for Federal Workers Act, a bill that would rescind four executive actions under the Trump Administration that restricted the effectiveness of unions for federal workers. During the longest government shutdown in U.S. history, the Senators took a series of actions to protect affected workers, including guaranteeing back pay for federal employees, urging back pay for contractors, introducing budget amendments to protect federal workers, and urging OPM to prevent the termination of dental and vision insurance for federal employees.

The bill is also cosponsored by Senators Richard Blumenthal (D-CT), Chris Van Hollen (D-MD), Ben Cardin (D-MD), Sherrod Brown (D-OH), Mazie Hirono (D-HI), Tammy Baldwin (D-WI), Jeff Merkley (D-OR), and Bernie Sanders (I-VT).

U.S. Representative Gerry Connolly (D-VA-11) has introduced a companion bill in the House of Representatives.
 
Text of the legislation is available here.

###

WASHINGTON – U.S. Sens. Mark R. Warner and Tim Kaine (both D-VA), along with Reps. A. Donald McEachin (D-VA), Morgan Griffith (R-VA), Bobby Scott (D-VA), Gerry Connolly (D-VA), Don Beyer (D-VA), Elaine Luria (D-VA), and Jennifer Wexton (D-VA), sent a letter to the U.S. Department of Justice Office of the Inspector General (OIG) urging the agency to include Federal Correctional Complex (FCC) Petersburg and United States Penitentiary (USP) Lee on their list of ongoing remote inspections during the COVID-19 health crisis. Following troubling reports of conditions at Virginia facilities and a four-month-long delayed response by BOP, these remote inspections would help assess whether the Virginia BOP-managed correctional institutions are complying with protocols and best practices to help mitigate the spread of COVID-19 outbreaks in these facilities.  

“We write today to urge you to include Federal Correctional Complex (FCC) Petersburg and United States Penitentiary (USP) Lee, both in Virginia, in the Department of Justice Office of the Inspector General’s (OIG) remote inspection of facilities housing Federal Bureau of Prisons (BOP) inmates during the COVID-19 pandemic. Our offices have received numerous reports from employees and families of incarcerated individuals regarding the spread of COVID-19 and allegations of deteriorating health and safety conditions within both facilities. These concerns have been raised multiple times by several of our offices with BOP, and we remain deeply troubled by conditions at the two Virginia correctional facilities,” wrote the lawmakers. 

In Virginia, there are two federal correctional institutions in operation, including the U.S. Penitentiary in Lee County and the Petersburg Federal Correctional Complex. Correctional officers at Virginia’s facilities are responsible for approximately 4,144 incarcerated individuals. Currently, no Virginia facility is included in the OIG remote inspections list even as the number of COVID-19 cases have increased.

“On September 24, 2020, the BOP website reported 200 incarcerated individuals and 13 staff members with active or recovered positive COVID-19 cases at FCC Petersburg. Many of our offices have received reports that – despite denials from BOP – cases are increasing and inadequate steps have been taken to limit transmission at this facility. USP Lee weathered much of the pandemic without a COVID-19 outbreak. However, on September 9, 2020, BOP transferred at least one person with a positive case of COVID-19 to the facility. Such transfers are a potentially deadly lapse in judgment. USP Lee is one of the largest employers in Lee County, Virginia. Transfers such as this could result in preventable outbreaks, both inside the prison and in the local community,” the lawmakers continued.

Additionally, the lawmakers raised alarm over the lack of personal protective equipment (PPE)provided to staff and incarcerated individuals despite the contradictory claim by BOP that they have enough PPE at their facilities. In their letter, the lawmakers also note that they have receiveddisturbing reports of diminished quality of life for incarcerated individuals, which include reports of spoiled food and reduced access to essential facilities.

The members of Congress have advocated for vulnerable communities during the COVID-19 crisis. In March, Sen. Warner joined his Senate colleagues in a letter to BOP and the three largest private prison operators inquiring about any policies and procedures in place to manage a potential spread of COVID-19. In May, Sens. Warner and Kaine and Reps. McEachin and Griffith requested answers from BOP Director Carvajal regarding issues at the Virginia facilities. Earlier this week, following a failure to respond to the May letter, the lawmakers once again pressed Director Michael Carvajal for answers concerning an ongoing lack of personal protective equipment (PPE). Following a delayed responsefrom BOP that contradicted information the lawmakers have consistently heard about the lack of PPE, the spread of COVID, and deteriorating conditions, the members of Congress are pressing OIG to include these facilities in their remote inspection list. 

Additionally, Sens. Warner and Kaine have also urged the Trump Administration time and time and time again to cease the inter-state transfer of people held at immigration detention facilities during the public health crisis.

Full text of the letter is available here or below.

Dear Inspector General Horowitz: 

We write today to urge you to include Federal Correctional Complex (FCC) Petersburg and United States Penitentiary (USP) Lee, both in Virginia, in the Department of Justice Office of the Inspector General’s (OIG) remote inspection of facilities housing Federal Bureau of Prisons (BOP) inmates during the COVID-19 pandemic. Our offices have received numerous reports from employees and families of incarcerated individuals regarding the spread of COVID-19 and allegations of deteriorating health and safety conditions within both facilities. These concerns have been raised multiple times by several of our offices with BOP, and we remain deeply troubled by conditions at the two Virginia correctional facilities.

On September 24, 2020, the BOP website reported 200 incarcerated individuals and 13 staff members with active or recovered positive COVID-19 cases at FCC Petersburg. Many of our offices have received reports that – despite denials from BOP – cases are increasing and inadequate steps have been taken to limit transmission at this facility.

USP Lee weathered much of the pandemic without a COVID-19 outbreak. However, on September 9, 2020, BOP transferred at least one person with a positive case of COVID-19 to the facility. Such transfers are a potentially deadly lapse in judgment. USP Lee is one of the largest employers in Lee County, Virginia. Transfers such as this could result in preventable outbreaks, both inside the prison and in the local community.

We also continue to receive reports that BOP has not provided proper personal protective equipment (PPE) for staff and incarcerated individuals at both facilities. As a result, PPE is frequently reused beyond its intended service life. Further, we are concerned that neither facility has taken adequate steps to distance those who have tested positive for COVID-19 from the general population.

Finally, several of our offices have been informed that access to outdoor recreation, exercise facilities, and phones have been reduced due to the pandemic. We recognize the importance of limiting large group gatherings, and that coordinating these activities can present logistical, health, and safety challenges. However, it is imperative that correctional facilities find new ways to maintain and support a healthy quality of life for incarcerated individuals during this crisis. We have also received disturbing reports that both food quality and quantity have significantly declined, including accounts of spoiled food. Such conditions are unacceptable.  

We seek to maintain the highest levels of safety for incarcerated individuals, correctional facility staff, and local communities in the Commonwealth, and urge you to include USP Lee and FCC Petersburg in your remote inspections. Thank you for your attention to this matter and we look forward to your response.

Sincerely,

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WASHINGTON – Today, U.S. Sens. Mark R. Warner and Tim Kaine (both D-VA), along with Reps. A. Donald McEachin (D-VA) and Morgan Griffith (R-VA), demanded answers from the Federal Bureau of Prisons (BOP) regarding reports of troubling conditions at Virginia facilities amid the COVID-19 crisis. Expressing frustration with Director Michael Carvajal’s failure to respond to a letter from earlier this year, the lawmakerspressed for answers concerning an ongoing lack of personal protective equipment (PPE) and diminished quality of life for incarcerated individuals. 

“Nearly four months ago, we sent you a letter detailing the significant risks and challenges COVID-19 posed to the health and safety of staff, incarcerated individuals at FCC Petersburg and USP Lee, and the surrounding communities. We remain deeply concerned that the conditions within those facilities have failed to improve – and in many ways, appear to have deteriorated,” the lawmakers wrote. “One area of particular concern is the continued lack of adequate personal protective equipment (PPE). According to employees at FCC Petersburg, both staff and incarcerated individuals are forced to re-use supplies and masks, which presents serious health and safety risks. Given the close quarters and frequent person-to-person interaction, correctional staff and incarcerated individuals are especially vulnerable to contracting COVID-19. Lack of PPE also creates additional risk of community spread outside the facilities. Relatedly, we have learned from facility staff that showers are restricted for individuals incarcerated at FCC Petersburg, a policy which further exacerbates sanitation and hygiene issues during a global pandemic.”

“We have also received numerous reports related to other declining conditions at FCC Petersburg. It is our understanding that access to outdoor recreation, exercise facilities, and phones have been reduced due to the pandemic. We recognize the importance of limiting large group gatherings, and that coordinating these activities can present logistical, health, and safety challenges. However, it is imperative that correctional facilities find new ways to maintain and support a healthy quality of life for incarcerated individuals during this crisis,” they continued. “We have also heard disturbing reports that the food the incarcerated individuals are receiving has declined significantly in both quantity and quality, including being served spoiled food. Such conditions are unacceptable.” 

In Virginia, there are two federal correctional institutions in operation, including the U.S. Penitentiary in Lee County and the Petersburg Federal Correctional Complex. Correctional officers at Virginia’s facilities are responsible for approximately 4,144 incarcerated individuals. 

In their letter, the four members of Congress also raised concern with reports that correctional staff at FCI Petersburg continue to be denied a lunch break despite working shifts as long as sixteen hours – an issue originally raised in the lawmakers’ May 21st letter. Calling this “unacceptable and dangerous,” they encouraged Director Carvajal to institute a nation-wide break policy in order to address correctional staff’s basic needs.

Additionally, they expressed dismay regarding the transfer of incarcerated individuals between facilities, highlighting that at least one person with a positive case of COVID-19 was transferred to USP Lee. The lawmakers noted that this this lapse in judgment could result in an entirely preventable COVID-19 outbreak inside the prison, endangering staff, inmates and local communities. 

The members of Congress have advocated for vulnerable communities during the COVID-19 crisis. Earlier this year, they requested answers from Director Carvajal regarding issues at the Virginia facilities. Sen. Warner also joined his Senate colleagues in a letter to BOP and the three largest private prison operators inquiring about any policies and procedures in place to manage a potential spread of COVID-19.

Additionally, Sen. Warner and Kaine have urged the Trump Administration time and time and time again to cease the inter-state transfer of people held at immigration detention facilities during the public health crisis. 

Full text of today’s letter is available here or below.

Dear Director Carvajal:

We write to reiterate our serious concerns about the health and safety of staff and individuals incarcerated at Federal Correctional Complex (FCC) Petersburg and United States Penitentiary (USP) Lee, the two federal correctional facilities in Virginia, and to express our severe frustration at your failure to respond to our letter from May 21, 2020. After speaking with employees and the families of individuals incarcerated at both facilities, it is clear that the situation is worsening. According to figures shared with our offices, there are over 200 incarcerated individuals and at least 12 staff who have tested positive for the novel coronavirus at FCC Petersburg. 

Nearly four months ago, we sent you a letter detailing the significant risks and challenges COVID-19 posed to the health and safety of staff, incarcerated individuals at FCC Petersburg and USP Lee, and the surrounding communities. We remain deeply concerned that the conditions within those facilities have failed to improve – and in many ways, appear to have deteriorated.  

One area of particular concern is the continued lack of adequate personal protective equipment (PPE). According to employees at FCC Petersburg, both staff and incarcerated individuals are forced to re-use supplies and masks, which presents serious health and safety risks. Given the close quarters and frequent person-to-person interaction, correctional staff and incarcerated individuals are especially vulnerable to contracting COVID-19. Lack of PPE also creates additional risk of community spread outside the facilities. Relatedly, we have learned from facility staff that showers are restricted for individuals incarcerated at FCC Petersburg, a policy which further exacerbates sanitation and hygiene issues during a global pandemic. 

We have also received numerous reports related to other declining conditions at FCC Petersburg. It is our understanding that access to outdoor recreation, exercise facilities, and phones have been reduced due to the pandemic. We recognize the importance of limiting large group gatherings, and that coordinating these activities can present logistical, health, and safety challenges. However, it is imperative that correctional facilities find new ways to maintain and support a healthy quality of life for incarcerated individuals during this crisis. We have also heard disturbing reports that the food the incarcerated individuals are receiving has declined significantly in both quantity and quality, including being served spoiled food. Such conditions are unacceptable.   

Further, as we detailed in our letter nearly four months ago, correctional staff at FCC Petersburg continue to be denied a lunch break, despite reportedly working shifts as long as sixteen hours. This is unacceptable and dangerous. We once again encourage you to institute a break policy—not only at the Petersburg facility, but at the Federal Bureau of Prisons’ (BOP) facilities across the nation—that more appropriately responds to correctional staff’s basic needs. 

Additionally, we are particularly dismayed to learn that, despite our concerns, BOP is transferring individuals to facilities without a record of COVID-19 cases. A group of individuals was recently transferred to USP Lee, which included at least one person with a positive case of COVID-19. Such transfers are a potentially deadly lapse in judgment. USP Lee is one of the largest employers in Lee County, Virginia, and not only could this transfer result in an entirely preventable outbreak inside the prison, it is also dangerous for the public health of local community members.   

Finally, your failure to respond to our serious concerns is further heightened by the recent announcement from the BOP that facilities will allow visitations to resume in early October. While we agree that resuming visitations is incredibly important for incarcerated individuals and their families, proper protocols must be in place and followed to ensure the health and safety of the incarcerated individuals, their families, and the surrounding communities. We urge you to take all available steps to ensure vitiations can resume as soon as possible while preserving the health and safety of visitors, staff, and incarcerated individuals.

Given the magnitude of the worsening conditions at USP Lee and FCC Petersburg, we demand an immediate response to how BOP is addressing our concerns by no later than October 5, 2020. As COVID-19 continues to present a significant health challenge at FCC Petersburg and USP Lee, and the surrounding communities, we are committed to working with you to address the needs of incarcerated individuals and correctional staff. 

We appreciate your attention to these important issues impacting our constituents and look forward to your prompt response. 

Sincerely,

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“Forced sterilizations infringe on reproductive rights and autonomy,” the senators wrote. “To understand whether such violations may have been committed against immigrants in our federal government’s custody, the Inspector General’s Office should immediately investigate the reproductive health policies and practices at the ICDC and at other facilities, including but not limited to, all instances of forced, coerced, or medically unnecessary hysterectomies.”

 In addition to Senators Feinstein, Leahy, Murray, Casey and Booker, the letter was signed by Senators Richard Blumenthal (D-Conn.), Chris Van Hollen (D-Md.), Sheldon Whitehouse (D-R.I.), Tammy Baldwin (D-Wis.), Catherine Cortez Masto (D-Nev.), Mazie K. Hirono (D-Hawaii), Michael Bennet (D-Colo.), Maggie Hassan (D-N.H.), Amy Klobuchar (D-Minn.), Jeanne Shaheen (D-N.H.), Tom Udall (D-N.M.), Kirsten Gillibrand (D-N.Y.), Angus King (I-Maine), Tina Smith (D-Minn.), Tim Kaine (D-Va.), Tammy Duckworth (D-Ill.), Edward J. Markey (D-Mass.), Dick Durbin (D-Ill.), Sherrod Brown (D-Ohio), Bernie Sanders (D-Vt.), Elizabeth Warren (D-Mass.), Chris Coons (D-Del.), Jack Reed (D-R.I), Martin Heinrich (D-N.M.), Bob Menendez (D-N.J.), Tom Carper (D-Del.), Chris Murphy (D-Conn.) and Ron Wyden (D-Ore.).

Full text of the letter follows:

September 17, 2020

Hon. Joseph V. Cuffari

Inspector General

Department of Homeland Security

245 Murray Lane SW

Washington, DC 20528-0305

Dear Mr. Cuffari:

The Department of Homeland Security’s Office of the Inspector General should expeditiously conduct a thorough investigation into a whistleblower complaint alleging forced hysterectomies and other egregious abuses at the Irwin County Detention Center (ICDC) in Ocilla, Georgia. LaSalle Corrections operates that facility for the federal government, including for Immigration and Customs Enforcement (ICE). The alleged abuses detailed in the complaint and in related reports must be thoroughly and swiftly investigated to protect the rights and safety of women and patients in our nation’s care.

 The whistleblower expressed alarm about the “rate at which the hysterectomies have occurred” at the facility. Specifically, the complaint alleges that between October and December 2019 at least five women detained at the ICDC received hysterectomies. When asked about the procedures, however, the women “reacted confused when explaining why they had one done.” The complaint also describes how a gynecologist once removed the wrong ovary on a young woman, causing her “to go back to take out the left and she wound up with a total hysterectomy,” leaving her unable to bear children.

Another detained woman who received a hysterectomy recounted that medical personnel “did not properly explain to her what procedure she was going to have done.” Although she asked for more information about why she was receiving a hysterectomy, she was “given three different responses by three different individuals.” When the woman told a nurse that the procedure “isn’t for me,” the nurse “responded by getting angry and agitated.”

Forced sterilizations infringe on reproductive rights and autonomy. To understand whether such violations may have been committed against immigrants in our federal government’s custody, the Inspector General’s Office should immediately investigate the reproductive health policies and practices at the ICDC and at other ICE facilities, including but not limited to, all instances of forced, coerced, or medically unnecessary hysterectomies.

 In addition to thoroughly investigating the recent alleged abuses at the ICDC, we urge you to immediately conduct a national review of reproductive health policies and practices at ICE facilities to ensure that the human rights of women in federal immigration custody are assured.

Sincerely,

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 WASHINGTON, D.C. – Today, U.S. Senators Mark R. Warner and Tim Kaine joined Senator Chris Coons and House Majority Whip Jim Clyburn to introduce legislation to honor and commemorate the historic sites that contributed to the 1954 landmark Supreme Court decision Brown v. Board of Education of Topeka. The bill would recognize the importance of the additional sites that catalyzed litigation in Delaware, South Carolina, Kansas, Virginia, and Washington, D.C., -- including the Robert Russa Moton Museum in Farmville – by designating them as National Park Service (NPS) Affiliated Areas and expand the Brown v. Board of Education National Historic Site in Topeka, Kansas. The legislation was crafted in partnership with the National Trust for Historic Preservation. The bill is also cosponsored by Senators Lindsey Graham (R-SC), Tim Scott (R-SC), and Tom Carper (D-DE).

“On April 23, 1951, a 16-year-old Barbara Johns led a walkout of students at the Robert Russa Moton High School in Farmville, Virginia, to protest school segregation and poor education conditions. The student-led strike in Virginia and the subsequent lawsuit became one of the five cases combined into Brown v. Board of Education.  As our country continues to grapple with the need to reckon with our past and present, it is more important than ever to highlight those Americans who time and time again have stood up and pulled our nation towards progress,” said Senator Warner. “I’m proud to join my colleagues on this bipartisan bill to expand the Brown v. Board of Education National Historic Site and recognize the vital role played by the Moton School in Farmville in ending school segregation.”

“I am proud to join this bipartisan bill to honor and protect historic sites connected to Brown v. Board of Education—a watershed case in our nation’s progress toward equality for all,” said Senator Kaine. “One of the sites that will benefit is the Moton Museum, former home of the Moton School, where Barbara Johns led a protest over the intolerable conditions for Black students. It’s so important that we preserve these sites for all to reflect on the sacrifice and patriotism of leaders like Johns, Spottswood Robinson, and Oliver Hill.” 

“The Robert R. Moton Museum is excited to join with communities involved in the historic Brown v. Board of Education of Topeka decision. In seeking to become an affiliated area of the National Park Service, we know this affiliation will allow us the opportunity to better collaborate with other communities involved in the historic Brown decision as we work to ensure that countless individuals have the opportunity to know of the courage and sacrifice that citizens made towards equality in education,” said Cameron D. Patterson, Executive Director of the Robert R. Moton Museum. “The Moton Museum Board of Trustees, Moton Museum Community Council, and our partner institution Longwood University in offering their support towards this effort, recognize that the resources and benefits offered from this affiliation with the National Park Service will only strengthen our ability to fulfill our mission as a museum.”

The 1954 Supreme Court decision in Brown v. Board of Education of Topeka was described by constitutional scholar Louis H. Pollak as “probably the most important American government act of any kind since the Emancipation Proclamation.” The Brown decision transformed the United States, striking down the separate-but-equal doctrine established by Plessy v. Ferguson in 1896. The Plessy decision was the linchpin that condoned and entrenched legalized segregation across the South despite liberty and equality protections clearly stated in the U.S. Constitution and underscored by the 14^th and 15^th Amendments.   

These laws stayed in placed for nearly 100 years after Reconstruction, but pioneering civil rights lawyers Charles Hamilton Houston, Thurgood Marshall, William Hastie, Constance Baker Motley, Louis Lorenzo Redding, and others challenged the constitutionality of segregation and won. The Brown decision ended the practice of legalized segregation in educational facilities and was a major catalyst of the Civil Rights Movement of the 1950s and 60s.  

The history of Brown v. Board of Education is represented in our national consciousness by a single building, Monroe School, which is a National Historic Site located in Topeka, Kansas. This limited geographic scope condenses public memory of these events and inadvertently fails to recognize the contributions of the other communities in Claymont, Delaware; Hockessin, Delaware; Wilmington, Delaware; Summerton, South Carolina; Farmville, Virginia; and the District of Columbia that were also important to the fight for equality and that saw their cases consolidated with the Brown case. The geographic dispersion of these locations demonstrates that Brown v. Board of Education is truly a story of a national struggle with national significance.

The creation of NPS Affiliated Areas in Delaware, Virginia, and the District of Columbia for sites associated with the Brown v. Board of Education case and an expansion of the Brown v. Board of Education National Historic Site to include the related sites in South Carolina provides an opportunity for these sites to tell their own uplifting, under-recognized stories of students, parents, and their allies who helped shape American society. 

Enactment of this legislation has the potential to appropriately recognize the sites associated with the other four court cases and help them to combine current uses with preservation and public education.  In collaboration with local partners and other stakeholders, the National Trust will continue their collective work to bring recognition to communities that fought for school integration, helping these sites to tell their own history of the Brown v. Board of Education case and make connections to other communities engaged in the fight for educational equity, past and present.  

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WASHINGTON – U.S. Sen. Mark R. Warner (D-VA) joined Sen. Gary Peters (D-MI), Ranking Member of the Homeland Security and Governmental Affairs Committee, and the entire Senate Democratic caucus in demanding answers from Postmaster General Louis DeJoy on significant operational changes he directed that have caused serious delays for postal customers across the country. In a letter, the Senators called on DeJoy to testify before Congress and provide clear, transparent answers on service delays that have caused seniors and veterans to miss their prescription medications, small businesses to lose money and customers over delayed packages, and other serious disruptions that affect communities across the country who count on the Postal Service for timely delivery. 

“In the weeks since you began to implement these changes, we have seen a steep increase in constituent concerns about mail delays, including restricted mail movement, limitations on carriers’ abilities to timely deliver mail, and most concerning, risks to receipt of critical mail involving life-saving medication and ballots for the upcoming general election,” wrote the Senators. “The Postal Service is a public institution that both serves and belongs to every person in our nation. As a result, we call on you to testify before Congress about all changes you have made and plan to make as Postmaster General.  The lack of transparency so far regarding the intent, scope, and responsibility for changes at the Postal Service is unacceptable.”  

Text of the letter is availabe below.

August 17, 2020

Mr. Louis DeJoy

Postmaster General and Chief Executive Officer

United States Postal Service

475 L’Enfant Plaza, S.W.

Room 4012

Washington, D.C. 20260

Dear Mr. DeJoy:

We write to seek answers about changes to the U.S. Postal Service under your leadership that are adversely affecting mail delivery for Americans across the country.  We call on you to testify before Congress about these changes and their impact on every person in our nation. 

The Postal Service is an essential public institution with an obligation to serve every community in the nation.  As Postmaster General, you should not make changes that will slow down mail or compromise service for veterans, small businesses, rural communities, seniors, and millions of Americans who rely on the mail for medicines, essential goods, voting, correspondence, and for their livelihoods. 

Last week, however, you confirmed to Congress that you recently directed operational changes in post offices and processing centers. On August 7, 2020, you also announced a significant reorganization of Postal Service leadership and functions. These changes include the elimination of extra mail transportation trips, the reduction of overtime, the start of a pilot program for mail sorting and delivery policies at hundreds of post offices, and the reduction of equipment at mail processing plants.   

The Postal Service has characterized these changes as efficiency or cost-saving measures and minimized any “temporary service issues” as an “inevitable” side effect of implementing new procedures. However, in practice and in the midst of a pandemic, these actions, whether intentionally or not, are causing mail delays and appear to constitute an unacceptable threat to the Postal Service and the millions of Americans who depend on it.

In the weeks since you began to implement these changes, we have seen a steep increase in constituent concerns about mail delays, including restricted mail movement, limitations on carriers’ abilities to timely deliver mail, and most concerning, risks to receipt of critical mail involving life-saving medication and ballots for the upcoming general election.  There are also reports that post offices have significantly reduced their hours, including in West Virginia, where postal officials circulated an alarming document announcing potential post office closures before quickly withdrawing it and calling it a misunderstanding.

As Postmaster General, you have avoided answering questions about the magnitude of delays we have seen and have not yet provided any evidence that you studied or considered how your changes would affect delays and mail service before implementing these changes.  Furthermore, you have refused to engage with nearly all Members of Congress who have reached out to you or raised concerns about these issues.  Inevitably, without additional information or engagement from you or the Postal Service with stakeholders about these changes, your actions raise questions regarding your intent and whether you have adequately sought to fully understand the Postal Service’s current capabilities, personnel, and public service mission before implementing these changes.  

The Postal Service is a public institution that both serves and belongs to every person in our nation. As a result, we call on you to testify before Congress about all changes you have made and plan to make as Postmaster General.  The lack of transparency so far regarding the intent, scope, and responsibility for changes at the Postal Service is unacceptable.  We understand you have committed to being more forthcoming and transparent with Congress and the American people regarding these changes, including providing documentation of the operational changes you have made and will be making since beginning your term.  For every American who relies on the Postal Service, we call on you to fulfill that commitment without delay. 

To that end, please provide the following information by August 21, 2020:

1.              Please explain how the changes you have made to Postal Service operations since becoming Postmaster General have affected on-time mail delivery (i.e. service performance).  Please provide all nationwide, Area, and regional service performance data since June 15, 2020. 

2.              Did you conduct any formal analysis before making these changes to Postal Service operations, including analysis of the potential effect on service performance?  If so, please provide the analysis.  If not, explain why not.   

3.              It appears the Postal Service did not consult meaningfully with any stakeholders, including unions, mailing industry stakeholders, or others, before implementing these operational changes.  Please explain why.

a.     Did you discuss these operational changes, or any other potential operational changes, with Administration officials outside the Postal Service?  Please list and describe any such discussions.

4.              What analysis did you conduct over your 8 weeks as Postmaster General to determine an “organizational realignment” was necessary and that the previous structure was inadequate?  Please provide copies and descriptions of any analysis, including any discussions with employees and business stakeholders. 

a.     The reorganization reshuffles reporting relationships and Postal Service geographic Areas.  How will this affect coordination among essential functions of the Postal Service during this pandemic?  How will this affect reports of service performance and other essential performance metrics?

5.              What, if any, plans are under consideration for further post office or facility hour reductions, suspensions, closures, or consolidations?

6.              What steps will you be taking to suspend or halt any changes adversely affecting mail delivery during this pandemic and in advance of the general election?

Thank you for your attention to this important matter.

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