Floor SpeechNeutral2026-06-04

Text of Senate Amendment 5648

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Context

On 2026-06-04, Senator Patty Murray (D-WA) delivered a floor speech titled "Text Of Senate Amendment 5648" in the Senate.

Full Text

Text of Senate Amendment 5648

Congressional Record, Volume 172 Issue 95 (Thursday, June 4, 2026) [Congressional Record Volume 172, Number 95 (Thursday, June 4, 2026)] [Senate] [Pages S2598-S2602] From the Congressional Record Online through the Government Publishing Office [ www.gpo.gov ] SA 5648. Mrs. MURRAY (for herself and Mr. Padilla) submitted an amendment intended to be proposed to amendment SA 5453 proposed by Mr. Graham to the bill S. 2, to provide for reconciliation pursuant to title II of S. Con. Res. 33.; which was ordered to lie on the table; as follows: At the appropriate place, insert the following: SEC. ___. IMMIGRATION ENFORCEMENT REFORMS. (a) Immigration Facility Access.-- (1) In general.--None of the funds appropriated or otherwise made available by this Act or any other Act, including prior Acts and laws other than appropriations Acts, to the Department of Homeland Security may be used to prevent any of the following persons from entering, for the purpose of conducting oversight, any facility operated by or for the Department of Homeland Security used to detain or otherwise house aliens, or to make any temporary modification at any such facility that in any way alters what is observed by a visiting Member of Congress or such designated employee, compared to what would be observed in the absence of such modification: (A) A Member of Congress; or (B) An employee of the United States House of Representatives or the United States Senate designated by such a Member for the purposes of this section. (2) Rule of construction.--Nothing in this subsection may be construed to require a Member of Congress to provide prior notice of the intent to enter a facility described in subsection (a)(1) for the purpose of conducting oversight. (3) Requests to enter.--With respect to individuals described in paragraph (1)(B), the Department of Homeland Security may require that a request be made at least 24 hours in advance of an intent to enter a facility described in paragraph (1). (b) Arrest Warrant Requirements.-- (1) In general.--Notwithstanding any other provision of law, no law enforcement officer or immigration officer employed by, or acting under the authority of, the Department of Homeland Security may make a civil immigration arrest or seizure of an individual who is not a United States citizen (referred to in this subsection as a ``noncitizen'') unless such arrest or seizure is authorized by a warrant that meets the requirements of this subsection. (2) Exception.--Except as provided in paragraph (3), a warrant shall-- (A) be served on the recipient with all accompanying documentation required by subparagraphs (B), (C), and (D) at the time of arrest or seizure; (B) accurately document individualized probable cause of the inadmissibility of the noncitizen under section 212 of the Immigration and Nationality Act (8 U.S.C. 1182) or removability under section 237 of such Act (8 U.S.C. 1227) from the United States; (C) be approved by a supervising officer at least 12 hours in advance of execution of the warrant; and (D) be issued concurrently with, or based on a previously- issued notice to appear or conclusive evidence of an existing removal order. (3) Rule of construction with respect to law enforcement authority.-- (A) In general.--Nothing in this subsection shall be construed to limit the ability of a law enforcement officer or immigration officer employed by, or acting under the authority of, the Department of Homeland Security to conduct a warrantless arrest pursuant to section 287(a)(2) of the Immigration and Nationality Act (8 U.S.C. 1357(a)(2) if-- (i) the arrest is within a reasonable distance from any external boundary of the United States; and (ii)(I) the individual is-- (aa) subject to removal pursuant to section 236 or 238 of subparagraph (A),(B), (D), (E), or (F) of section 237 of the Immigration and Nationality Act (8 U.S.C. 1226(c), 1228(a), 1227(a)(4)(A), (B), (D), (E), (F)); or (bb) has a final order of removal that is administratively final pursuant to 8 U.S.C. 1101(a)(47); (II) or if there exists serious and extreme exigent circumstances that require the agent to reasonably determine that a warrantless arrest must be made. (B) Exigent circumstances.--If a warrantless arrest is made due to serious and extreme exigent circumstances-- (i) those specific, particularized circumstances and probable cause to make the arrest pursuant to section 287(a)(2) of the Immigration and Nationality Act (8 U.S.C. 1357(a)(2)) must be documented in the individual's Form I- 213; and (ii) the Form I-213 (Record of Deportable/Inadmissible Alien) must be promptly served on the individual. (4) Review at hearing.-- (A) In general.--At any hearing or proceeding a magistrate judge is authorized to review whether a noncitizen was arrested or seized in violation of-- (i) the Fourth Amendment to the Constitution of the United States; (ii) the requirements of section 287(a)(2) of the Immigration and Nationality Act ( 8 U.S.C. 1357(a)(2)); or (iii) the requirements of this subsection. (B) Right to review.--A noncitizen is entitled to-- (i) request the review described in subparagraph (A); and (ii) an evidentiary hearing, where witnesses, documentation, and verbal testimony may be elicited or examined. (5) Termination of removal proceedings.-- (A) In general.--After a review under paragraph (4), if the magistrate judge determines that the relevant arrest was in violation of the requirements described in clause (i), (ii), or (iii) of that paragraph, the Attorney General shall terminate removal proceedings of the noncitizen with prejudice, absent a change in material circumstances, unless the noncitizen affirmatively moves to continue proceedings. (B) Evidence.--In the case where the proceeding is terminated, all evidence adduced in connection with such an arrest shall not serve as evidence of alienage or any other factor considered by an immigration judge in removal proceedings. (6) Authority of immigration officers.--Nothing in this section may be construed to limit the authority of an officer or employee under paragraphs (1), (2), (3), (4), and (5) of section 287(a) of the Immigration and Nationality Act (8 U.S.C. 1357(a)(1), (2), (3), (4), (5)). (7) Warrant defined.--In this subsection, the term ``warrant'' means an administrative warrant and does not include a warrant issued by a Federal magistrate judge or any court created under article III of the Constitution of the United States. (c) Body-worn Cameras.-- (1) In general.--None of the funds appropriated or otherwise made available by this Act or any other Act, including prior Acts [[Page S2599]] and laws other than appropriations Acts, to the Department of Homeland Security may be used in contravention of the requirements of this subsection. (2) Requirements.-- (A) Camera operation.-- (i) In general.--A law enforcement officer or immigration officer employed by, or acting under the authority of, the Department of Homeland Security performing civil immigration enforcement activities under the immigration laws (as such term is defined in section 101 of the Immigration and Nationality Act (8 U.S.C. 1101)) shall operate Government issued body-worn cameras with sound and video recording capabilities such activities that involve approaching, pursuing, detaining, apprehending, or otherwise engaging with members of the public in a context that may require a custodial arrest, including any arrest, search, execution of a warrant, transport, perimeter control, or use-of-force incident. (ii) Exception.--The requirement in clause (i) shall not apply to a law enforcement officer or immigration officer employed by, or acting under the authority of, the Department of Homeland Security, during an ongoing undercover operation if-- (I) such application would compromise the integrity of such operation; and (II) the waiver of such requirement is documented in writing. (B) Failure to comply.--Any interruption, deactivation, or failure to activate a camera described under this subsection during the civil immigration enforcement activities described in subparagraph (A)(i) shall be documented in writing and be subject to disciplinary review. (C) Prohibition on use of funds personally identifiable information.--Funds appropriated or otherwise made available by this Act or any other Act, including prior Acts and laws other than appropriations Acts, to the Department of Homeland Security shall not be used to collect personally identifiable information for the purposes of cataloguing, surveilling, documenting, targeting, arresting, or seizing individuals, including biometric and biographic information, based on speech protected by the First Amendment to the Constitution of the United States or for civil immigration enforcement purposes, unless-- (i) such information is used for identity verification purposes for trusted traveler programs and credentialing handled by the Department; and (ii) no Government issued body-worn camera, Government- owned vehicle-mounted camera, or any other camera of the Department is equipped with, or able to employ, facial recognition technology. (D) Use of funds for retention of footage.--Funds appropriated or otherwise made available by this Act or any other Act, including prior Acts and laws other than appropriations Acts, to the Department of Homeland Security shall be used for the retention of footage from body-worn, vehicle-mounted, and other cameras used by law enforcement officers and immigration officers employed by, or acting under the authority of, the Department of Homeland Security, which shall include-- (i) retaining such footage for 4 years after the date on which the footage was recorded; and (ii) during such period, permitted inspection of such footage by-- (I) any individual in such footage; (II) the legal counsel of such individual; and (III) any local, State, Tribal, or Federal official for the purpose of investigating or prosecuting a crime. (3) Application.--The requirements

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Text of Senate Amendment 5648 Congressional Record, Volume 172 Issue 95 (Thursday, June 4, 2026) [Congressional Record Volume 172, Number 95 (Thursday, June 4, 2026)] [Senate] [Pages S2598-S2602] From the Congressional Record Online through the Government Publishing Office [ www.gpo.gov ] SA 5648. Mrs. MURRAY (for herself and Mr. Padilla) submitted an amendment intended to be proposed to amendment SA 5453 proposed by Mr. Graham to the bill S. 2, to provide for reconciliation pursuant to title II of S. Con. Res. 33.; which was ordered to lie on the table; as follows: At the appropriate place, insert the following: SEC. ___. IMMIGRATION ENFORCEMENT REFORMS. (a) Immigration Facility Access.-- (1) In general.--None of the funds appropriated or otherwise made available by this Act or any other Act, including prior Acts and laws other than appropriations Acts, to the Department of Homeland Security may be used to prevent any of the following persons from entering, for the purpose of conducting oversight, any facility operated by or for the Department of Homeland Security used to detain or otherwise house aliens, or to make any temporary modification at any such facility that in any way alters what is observed by a visiting Member of Congress or such designated employee, compared to what would be observed in the absence of such modification: (A) A Member of Congress; or (B) An employee of the United States House of Representatives or the United States Senate designated by such a Member for the purposes of this section. (2) Rule of construction.--Nothing in this subsection may be construed to require a Member of Congress to provide prior notice of the intent to enter a facility described in subsection (a)(1) for the purpose of conducting oversight. (3) Requests to enter.--With respect to individuals described in paragraph (1)(B), the Department of Homeland Security may require that a request be made at least 24 hours in advance of an intent to enter a facility described in paragraph (1). (b) Arrest Warrant Requirements.-- (1) In general.--Notwithstanding any other provision of law, no law enforcement officer or immigration officer employed by, or acting under the authority of, the Department of Homeland Security may make a civil immigration arrest or seizure of an individual who is not a United States citizen (referred to in this subsection as a ``noncitizen'') unless such arrest or seizure is authorized by a warrant that meets the requirements of this subsection. (2) Exception.--Except as provided in paragraph (3), a warrant shall-- (A) be served on the recipient with all accompanying documentation required by subparagraphs (B), (C), and (D) at the time of arrest or seizure; (B) accurately document individualized probable cause of the inadmissibility of the noncitizen under section 212 of the Immigration and Nationality Act (8 U.S.C. 1182) or removability under section 237 of such Act (8 U.S.C. 1227) from the United States; (C) be approved by a supervising officer at least 12 hours in advance of execution of the warrant; and (D) be issued concurrently with, or based on a previously- issued notice to appear or conclusive evidence of an existing removal order. (3) Rule of construction with respect to law enforcement authority.-- (A) In general.--Nothing in this subsection shall be construed to limit the ability of a law enforcement officer or immigration officer employed by, or acting under the authority of, the Department of Homeland Security to conduct a warrantless arrest pursuant to section 287(a)(2) of the Immigration and Nationality Act (8 U.S.C. 1357(a)(2) if-- (i) the arrest is within a reasonable distance from any external boundary of the United States; and (ii)(I) the individual is-- (aa) subject to removal pursuant to section 236 or 238 of subparagraph (A),(B), (D), (E), or (F) of section 237 of the Immigration and Nationality Act (8 U.S.C. 1226(c), 1228(a), 1227(a)(4)(A), (B), (D), (E), (F)); or (bb) has a final order of removal that is administratively final pursuant to 8 U.S.C. 1101(a)(47); (II) or if there exists serious and extreme exigent circumstances that require the agent to reasonably determine that a warrantless arrest must be made. (B) Exigent circumstances.--If a warrantless arrest is made due to serious and extreme exigent circumstances-- (i) those specific, particularized circumstances and probable cause to make the arrest pursuant to section 287(a)(2) of the Immigration and Nationality Act (8 U.S.C. 1357(a)(2)) must be documented in the individual's Form I- 213; and (ii) the Form I-213 (Record of Deportable/Inadmissible Alien) must be promptly served on the individual. (4) Review at hearing.-- (A) In general.--At any hearing or proceeding a magistrate judge is authorized to review whether a noncitizen was arrested or seized in violation of-- (i) the Fourth Amendment to the Constitution of the United States; (ii) the requirements of section 287(a)(2) of the Immigration and Nationality Act ( 8 U.S.C. 1357(a)(2)); or (iii) the requirements of this subsection. (B) Right to review.--A noncitizen is entitled to-- (i) request the review described in subparagraph (A); and (ii) an evidentiary hearing, where witnesses, documentation, and verbal testimony may be elicited or examined. (5) Termination of removal proceedings.-- (A) In general.--After a review under paragraph (4), if the magistrate judge determines that the relevant arrest was in violation of the requirements described in clause (i), (ii), or (iii) of that paragraph, the Attorney General shall terminate removal proceedings of the noncitizen with prejudice, absent a change in material circumstances, unless the noncitizen affirmatively moves to continue proceedings. (B) Evidence.--In the case where the proceeding is terminated, all evidence adduced in connection with such an arrest shall not serve as evidence of alienage or any other factor considered by an immigration judge in removal proceedings. (6) Authority of immigration officers.--Nothing in this section may be construed to limit the authority of an officer or employee under paragraphs (1), (2), (3), (4), and (5) of section 287(a) of the Immigration and Nationality Act (8 U.S.C. 1357(a)(1), (2), (3), (4), (5)). (7) Warrant defined.--In this subsection, the term ``warrant'' means an administrative warrant and does not include a warrant issued by a Federal magistrate judge or any court created under article III of the Constitution of the United States. (c) Body-worn Cameras.-- (1) In general.--None of the funds appropriated or otherwise made available by this Act or any other Act, including prior Acts [[Page S2599]] and laws other than appropriations Acts, to the Department of Homeland Security may be used in contravention of the requirements of this subsection. (2) Requirements.-- (A) Camera operation.-- (i) In general.--A law enforcement officer or immigration officer employed by, or acting under the authority of, the Department of Homeland Security performing civil immigration enforcement activities under the immigration laws (as such term is defined in section 101 of the Immigration and Nationality Act (8 U.S.C. 1101)) shall operate Government issued body-worn cameras with sound and video recording capabilities such activities that involve approaching, pursuing, detaining, apprehending, or otherwise engaging with members of the public in a context that may require a custodial arrest, including any arrest, search, execution of a warrant, transport, perimeter control, or use-of-force incident. (ii) Exception.--The requirement in clause (i) shall not apply to a law enforcement officer or immigration officer employed by, or acting under the authority of, the Department of Homeland Security, during an ongoing undercover operation if-- (I) such application would compromise the integrity of such operation; and (II) the waiver of such requirement is documented in writing. (B) Failure to comply.--Any interruption, deactivation, or failure to activate a camera described under this subsection during the civil immigration enforcement activities described in subparagraph (A)(i) shall be documented in writing and be subject to disciplinary review. (C) Prohibition on use of funds personally identifiable information.--Funds appropriated or otherwise made available by this Act or any other Act, including prior Acts and laws other than appropriations Acts, to the Department of Homeland Security shall not be used to collect personally identifiable information for the purposes of cataloguing, surveilling, documenting, targeting, arresting, or seizing individuals, including biometric and biographic information, based on speech protected by the First Amendment to the Constitution of the United States or for civil immigration enforcement purposes, unless-- (i) such information is used for identity verification purposes for trusted traveler programs and credentialing handled by the Department; and (ii) no Government issued body-worn camera, Government- owned vehicle-mounted camera, or any other camera of the Department is equipped with, or able to employ, facial recognition technology. (D) Use of funds for retention of footage.--Funds appropriated or otherwise made available by this Act or any other Act, including prior Acts and laws other than appropriations Acts, to the Department of Homeland Security shall be used for the retention of footage from body-worn, vehicle-mounted, and other cameras used by law enforcement officers and immigration officers employed by, or acting under the authority of, the Department of Homeland Security, which shall include-- (i) retaining such footage for 4 years after the date on which the footage was recorded; and (ii) during such period, permitted inspection of such footage by-- (I) any individual in such footage; (II) the legal counsel of such individual; and (III) any local, State, Tribal, or Federal official for the purpose of investigating or prosecuting a crime. (3) Application.--The requirements