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

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

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

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

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

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

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

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

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

Full text of the bills are available here and here. 

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WASHINGTON – Today, U.S. 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,

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

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

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

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

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

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

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

Dear President Trump,

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

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

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

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

Sincerely,

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WASHINGTON – Today, U.S. Sens. Mark R. Warner and Tim Kaine (both D-VA) and U.S. Rep. Jen Kiggans (R-VA-02), joined by Reps. Don Beyer (D-VA-08), Gerry Connolly (D-VA-10), Jennifer McClellan (D-VA-04), Morgan Griffith (R-VA-09), Bobby Scott (D-VA-03), Suhas Subramanyam (D-VA-10), Eugene Vindman (D-VA-07), and Rob Wittman (R-VA-01), wrote a letter to Department of Agriculture Secretary Brooke Rollins pushing back against the cancellation of $500 million in previously-approved funding through The Emergency Food Assistance Program (TEFAP) for food banks and other emergency food providers.

Virginia’s families, food growers, and community foodbanks have already been hit hard by cuts to vital programs from the Trump administration. This continued attack on food security is set to impact more than 400 pantries and food delivery organizations across the Commonwealth.

“Through TEFAP, USDA purchases nutritious commodity food from growers and producers, which is then provided to state agencies. Those agencies then deliver that food to distributers, including food banks and community organizations at no cost,” the lawmakers wrote. “More than 400 local pantries, including many faith-based partners from Hampton Roads to Southwest Virginia, distribute the food to eligible low-income recipients who typically do not qualify for the Supplemental Nutrition Assistance Program (SNAP) and have few alternatives to turn to for help.”

Given widespread impact of this move, the lawmakers are asking for more information regarding the decision to halt this funding: 

1. Since USDA has relayed that it does not plan to move forward with distributing the previously announced $500 million in funding from the CCC to food banks through TEFAP in FY25, does the Department have alternative plans to provide supplemental nutrition assistance to food banks and other food providers who were relying on these earlier TEFAP commodities? If so, what authorities does the Department plan to utilize?
2. Has USDA communicated with any producers or growers regarding the suspension or cancellation of commodity purchases through TEFAP? How will the Department work with these producers to ensure they face minimal economic harm?
3. Has USDA communicated with any state distributing agencies, including the Virginia Department of Agriculture and Consumer Services (VDACS), regarding the suspension or cancellation of food purchases and distributions through TEFAP? Is USDA working with the Commonwealth of Virginia and other states to ensure food banks and other food providers have adequate supplies of nutritious foods to serve their communities following the withdrawal of these funds?

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

Dear Secretary Rollins: 

We write regarding the U.S. Department of Agriculture’s (USDA) recent decision to halt up to $500 million in funding intended to support food banks and other providers from the Commodity Credit Corporation (CCC) through The Emergency Food Assistance Program (TEFAP) in Fiscal Year 2025 (FY25). Emergency food providers, producers, and community organizations across the country rely on TEFAP to deliver critical nutrition assistance to millions of Americans, including hundreds of thousands of Virginians.

Through TEFAP, USDA purchases nutritious commodity food from growers and producers, which is then provided to state agencies. Those agencies then deliver that food to distributers, including food banks and community organizations at no cost. More than 400 local pantries, including many faith-based partners from Hampton Roads to Southwest Virginia, distribute the food to eligible low-income recipients who typically do not qualify for the Supplemental Nutrition Assistance Program (SNAP) and have few alternatives to turn to for help.

In Virginia, approximately 10 percent of households are “food insecure,” meaning their access to adequate food is limited by a lack of money and other resources. On average, food pantry visits increased more than 20 percent in Virginia last year and Virginia food banks are spending five times more money now than in 2019 due to greater demand and higher food prices. TEFAP accounts for 20 percent of the food distributed by Virginia’s food banks, and the currently suspended CCC orders represent around one-third of all TEFAP product Virginia food banks were expecting this year.

Given any suspension of TEFAP affects Virginia’s families, growers, and communities, we request answers to the following questions:

1. Since USDA has relayed that it does not plan to move forward with distributing the previously announced $500 million in funding from the CCC to food banks through TEFAP in FY25, does the Department have alternative plans to provide supplemental nutrition assistance to food banks and other food providers who were relying on these earlier TEFAP commodities? If so, what authorities does the Department plan to utilize?
2. Has USDA communicated with any producers or growers regarding the suspension or cancellation of commodity purchases through TEFAP? How will the Department work with these producers to ensure they face minimal economic harm?
3. Has USDA communicated with any state distributing agencies, including the Virginia Department of Agriculture and Consumer Services (VDACS), regarding the suspension or cancellation of food purchases and distributions through TEFAP? Is USDA working with the Commonwealth of Virginia and other states to ensure food banks and other food providers have adequate supplies of nutritious foods to serve their communities following the withdrawal of these funds?

Thank you for your attention to this letter. We look forward to your response.

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WASHINGTON – U.S. Senators Marsha Blackburn (R-TN) and Mark Warner (D-VA) introduced the Promoting United States Leadership in Standards Act to restore America’s position as a leader in international standards setting for emerging technologies.

For decades, the United States led the world in developing new technologies, which allowed our country to set the rules of the road when it came to global standards for those technologies. However, in recent years, Chinese companies backed by the Chinese Communist Party have overtaken the U.S., which has allowed our adversary to influence standards in ways that further their own interests.

“The Chinese Communist Party has made it their mission to undermine the U.S. and our interests around the globe by exploiting our deficiencies,” said Senator Blackburn. “As our adversary ramps up efforts to dominate global standards for emerging technologies, the U.S. must be a global leader in innovation, and that includes setting standards that reflect our interests and values.”

“In recent years, the Communist Party of China has asserted their dominance in the global technology space, and as their status has risen, our authority and influence has fallen,” said Senator Warner. “This legislation clearly outlines steps we must take to reestablish our leadership and ensure that we are doing all we can to set the global standards for critical and emerging technologies."

Standards-setting bodies make critical decisions not only relating to technical specifications, but also relating to values, such as openness, safety, and accessibility, embedded in emerging technologies. 

Specifically, the Promoting United States Leadership in Standards Act would:

• Require the National Institute of Standards and Technology (NIST) to submit a report to Congress that identifies current U.S. participation in standards development activities for AI and other Critical and Emerging Technologies (CETs);
• Create an easy-to-access web portal to help stakeholders navigate and actively engage in international standardization efforts. The portal would include a list of relevant standards and information about how to participate in standardization activities related to AI and other CETs;
• Establish a pilot program to award $10 million in grants over 4 years to support the hosting of standards meetings for AI and other CETs in the U.S.;
• Create a report to Congress, after the third year of the program, that identifies grant recipients, provides a summary of expenses, assesses the effectiveness of the program to grow the number of standards meetings in the U.S., and shows the geographic distribution of event attendees.

Click here to read the bill text. 

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

The MERIT Act has been endorsed by: 

American Federation of Government Employees (AFGE)

International Federation of Professional and Technical Engineers (IFPTE)

National Federation of Federal Employees (NFFE)

National Treasury Employees Union (NTEU)

Service Employees International Union (SEIU)

The American Federation of Labor (AFL)

WASHINGTON – Today, U.S. Sens. Mark R. Warner (D-VA) and Thom Tillis (R-NC) introduced legislation to provide much-needed tax relief to working artists. The Performing Artist Tax Parity Act would update the Qualified Performing Artist (QPA) tax deduction, an above-the-line tax deduction which allows certain performing artists to deduct the cost of expenses incurred in the course of their employment.

The Qualified Performing Artist tax deduction has not been updated since its inception in 1986 and is currently only available to those making less than $16,000 a year, meaning that very few artists qualify. This legislation would update and increase the income ceiling to $100,000 for individuals and $200,000 for married joint filers, allowing more lower- and middle-income performing artists to receive tax relief for work-related expenses. This bill also indexes the deduction for inflation so it automatically adjusts for increases in the cost of living in the future.

“Middle class and up-and-coming artists have found their home in the Commonwealth making meaningful contributions to our rich culture,” Sen. Warner said. “This legislation levels the playing field for more artists by treating them like the small businesspeople they are, enriching our society and spurring our commerce.”

“The arts play a vital role in North Carolina’s culture and economy, yet many artists struggle with financial burdens that make it difficult to sustain their careers,” Sen. Tillis said. “By updating this outdated tax deduction, this commonsense legislation ensures that hardworking artists can deduct necessary expenses, just like other professionals. I’m proud to support this bipartisan effort to provide long-overdue tax relief to the creative community.” 

Companion legislation was introduced in the House of Representatives on January 24, 2025, by Representatives Vern Buchanan (R-FL) and Judy Chu (D-CA).

The Performing Artist Tax Parity Act is endorsed by numerous organizations advocating for the rights of emerging artists, including the Actors’ Equity Association, the International Alliance of Theatrical Stage Employees, and the Recording Academy/GRAMMYs. 

“We commend Senators Warner and Tillis for championing tax fairness for our members and all entertainment professionals. Their bipartisan leadership ensures our members' voices continue to be heard on this critical issue. It’s time to lower the cost of living for entertainment workers by including PATPA in tax legislation expected later this year, correcting an oversight that has taken money out of the pockets of middle-class IATSE members since 2017,” said Matthew D. Loeb, International President of the International Alliance of Theatrical Stage Employees (IATSE).

“With just a few weeks until Tax Day, Senator Tillis and Senator Warner could not have better timed this critically important bipartisan bill that would mean actors, stage managers and other creative professionals won’t have to pay hundreds, and sometimes thousands of dollars more in taxes simply due to common business costs like their agents and managers fees and travel to auditions. I’m grateful for the leadership of Senator Tillis and Senator Warner and look forward to working with them as we fight to make this bill law,” said Brooke Shields, President of Actors’ Equity Association.

“Entertainment is one of the United States’ top industries, and the work of performing artists has made an immeasurable impact on our national identity. It’s time for the tax code to address the skyrocketing business costs of this highly risky profession and allow performers to deduct legitimate expenses such as agent and manager fees. This will enable working-class performers to continue supporting local economies that generate income from performers living and working in their communities. SAG-AFTRA enthusiastically supports the reintroduction of the bipartisan Performing Artist Tax Parity Act in the Senate and applauds Sens. Tillis and Warner for their work in addressing the financial challenges of those who dedicate their lives to human artistry,” said Fran Drescher, President of SAG-AFTRA.

"The Performing Artist Tax Parity Act (PATPA) is a critical step toward restoring financial fairness for performing artists across the country. For too long, we've been unfairly burdened by a tax system that fails to recognize the realities of our profession. This legislation paves the way for artists to be treated less like expendable contractors and more like the vital parts of an institution that we are. It's an important step toward ensuring that performing artists are no longer penalized for the cost of doing our jobs and toward a future where we receive the same workplace protections and benefits as others who work within the companies we sustain,” said Ned Hanlon, President of the American Guild of Musical Artists.

“Addressing the unique challenges artists and musicians face under the tax code is imperative to supporting the creative community’s impact on culture and the economy. RIAA appreciates Senators Warner and Tillis’ continued leadership driving the bipartisan, bicameral Performing Artist Tax Parity Act. This bill is designed to balance outdated burdens on performers now and enable the next generation to thrive,” said Mitch Glazier, Recording Industry Association of America (RIAA) Chairman & CEO.

“The Motion Picture Association thanks Sens. Thom Tillis and Mark Warner for re-introducing the Performing Artist Tax Parity Act (PATPA) - an important bipartisan effort to deliver essential economic relief to a creative community that includes more than 2.3 million jobs supported by the film, television, and streaming industry. The MPA is again proud to endorse this legislation and support the American creative economy,” said Charles Rivkin, Chairman and CEO of the Motion Picture Association.

"PATPA is critical to restoring tax fairness for entertainment workers, including members of the unions in DPE’s Arts, Entertainment, and Media Industries (AEMI) coalition. Updating the Qualified Performing Artist (QPA) deduction’s earnings threshold will mean that middle class, creative professionals can once again deduct necessary work expenses, putting money back in their pockets. We applaud Senators Tillis and Warner for re-introducing this important, bipartisan legislation," said Department for Professional Employees, AFL-CIO (DPE) President Jennifer Dorning.

“The bipartisan and bicameral Performing Artist Tax Parity Act is commonsense legislation that benefits working musicians.   PATPA makes long overdue updates to restore the intention our tax code.  We are grateful to Senators Tillis and Warner for championing fairness for all performing artists and arts workers,” said Tino Gagliardi, President of the American Federation of Musicians.

“Supporting working artists through tax relief creates ripple effects that build more vibrant communities across the country. Beyond the arts and culture sector’s $1.1 trillion economic impact, one of the largest public opinion studies ever conducted on the arts in the U.S. found that 86% of Americans believe arts and culture improve their community’s quality of life and livability. By modernizing the tax code nationally, we can support artists and strengthen every community. We applaud Senators Warner and Tillis for introducing the Senate companion to the Performing Arts Tax Parity Act, alongside the House bill championed by Representatives Buchanan and Chu, to modernize an outdated tax code that hasn’t been updated since 1986,” said Erin Harkey, CEO, Americans for the Arts.

"Musicians nationwide are essential contributors to the U.S. workforce and the communities in which they perform,” said Simon Woods, President and CEO, League of American Orchestras. “We are grateful for the leadership of Senators Tillis and Warner in re-introducing this critical legislation to support tax fairness for performing artists."

"The Performing Artist Tax Parity Act (PATPA) is a lifeline for the artists who bring independent stages to life. The Senate is taking an important step toward building a fairer, more sustainable live ecosystem that benefits independent stages, artists, audiences, and communities alike. We hope that Congress will move quickly to enact PATPA this year,” said Stephen Parker, Executive Director of the National Independent Venue Association.

“Virginians for the Arts is grateful to Senator Warner for his unwavering support of the arts and artists here in Virginia and nationally.  We are also grateful to the Senator for sponsoring the Performing Artist Tax Parity Act. This legislation modernizes the qualified performing artist tax deduction and is an important recognition of the value the arts play in our communities and the economy,” said Brett Bonda, President of Virginians for the Arts.

“Aligned with its mission to advance the performing arts in the Richmond region through programs and resources that support the artists of today, nurture the artists of tomorrow, and provide spaces for the arts to thrive, Richmond Performing Arts Alliance (RPAA) fully endorses the bipartisan Performing Artist Tax Parity Act (PATPA). This legislation is critical for RPAA’s vision to create a vibrant community where the performing arts flourish and strengthen Richmond’s cultural, social, and economic vitality. We strongly believe that for this to happen artists from all backgrounds must have the capacity and resources to grow their programs and reach new audiences. We thank Senators Warner and Tillis for introducing this legislation and realizing the tremendous investment that artists make in their work and the incredible contributions they make to our lives,” said Abbi Haggerty, Ph.D., Executive Director of the Richmond Performing Arts Alliance.

A copy of the bill text can be found here. 

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WASHINGTON – Today, U.S. Sens. Mark R. Warner and Marsha Blackburn (TN) introduced the United States Leadership in Immersive Technology Act, legislation that would establish an advisory panel tasked with creating a national immersive technology strategy.

Virtual reality (VR) and augmented reality (AR), collectively known as immersive technology (XR), allow us to blend the digital and physical worlds into one integrated experience. From automatically generated closed captions of live conversations for the hearing impaired to creating personalized, hands-on training modules for students, the benefits of XR are limitless.

Despite being home to some of the world’s largest XR content and hardware producers, the U.S. lags behind other countries in applying them to commercial and personal use. Already, South Korea, the United Kingdom, the European Union, and China have strategies that allow them to embrace immersive technologies. The U.S. is relinquishing its role on the international stage to guide the creation of XR standards without a strategy.   

“As the use of immersive technology continues to rapidly rise, it’s essential that we do not get left behind. I’m proud to introduce this legislation that will help to create a national strategy surrounding XR to ensure that the United States remains competitive globally in this crucial industry,” said Sen. Warner.

“We need to stay two steps ahead of our adversaries when it comes to applying immersive technology in American industries and stimulating economic growth,” said Sen. Blackburn. “Our United States Leadership in Immersive Technology Act would make certain we can compete with adversaries like the Chinese Communist Party and safeguard national security as virtual reality and augmented reality become more prevalent on the world stage.”  

“The Trump administration has made it clear that American technology leadership is a top priority, and the XR industry is poised for immense growth. This bill is an important step towards achieving that goal," said Liz Hyman, CEO, XR Association. “XR is being rapidly adopted to tackle challenges in various sectors including workforce training, healthcare, education and agency operations. We are excited by the efforts of this Congress to recognize XR’s potential as a tool to increase efficiency and meet challenges across a broad range of issues.”

The United States Leadership in Immersive Technology Act is endorsed by Google, Meta, HTC, Sony, University of Wyoming, ReframeXR, Qualcomm, NC East Alliance, Transfr, Mynd, Immersive, MediView, Lakeside Metaverse, CareerViewXR, Chocolate Milk & Donuts, XR Association, and the George Washington University’s Digital Trade and Data Governance Hub.

A copy of the bill can be found here.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Sincerely,

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