WASHINGTON — The men tasked with carrying out President Donald Trump's mass deportation agenda were made to watch a video of the shooting death of Alex Pretti in a slow, moment-by-moment analysis on Thursday by Sen. Rand Paul, who repeatedly cast doubt on the tactics used by federal officers and warned that the American public had lost trust in the country's immigration agencies.
It was a tense confrontation at a Senate hearing that was called to scrutinize the immigration chiefs as they carry out one of Trump's signature policy and after the deaths of two protesters in Minneapolis over recent weeks at the hands of federal officers.
Paul, who paused the video every few seconds to explain his interpretation of the events, argued that Pretti posed no threat to the officers and questioned why the situation culminated in the ICU nurse's death.
“He is retreating at every moment,” said Paul, speaking of Pretti's behavior while officers pepper-sprayed him. “He’s trying to get away and he’s being sprayed in the face.”
The hearing's witnesses included Todd Lyons, the acting director of Immigration and Customs Enforcement; Rodney Scott, who heads Customs and Border Protection, and Joseph Edlow, who runs U.S. Citizenship and Immigration Services. The same officials appeared in front of a House committee earlier this week.
Paul's comments were a strong rebuke of the conduct by CBP officers who ultimately shot and killed Pretti on Jan. 24 in Minneapolis.
“It’s clearly evident that the public trust has been lost. To restore trust in ICE and Border Patrol they must admit their mistakes, be honest and forthright with their rules of engagement and pledge to reform,” Paul said in his opening statements.
But Paul, who's often shown a willingness to buck party line, was the lone Republican voice questioning the immigration officers' conduct with others steering clear of any criticism. Democrats also weighed in with sharp condemnation of the shooting and, more broadly, on how officers from those agencies are using force when carrying out their responsibilities.
Scott disputed that Pretti wasn't a threat.
“What I’m seeing is a subject that’s also not complying. He’s not following any guidance. He’s fighting back nonstop,” said Scott.
Lyons disputed claims that his officers are not held accountable. He said in the year since Trump took office, ICE has opened 37 investigations for excessive force; 18 were closed, 19 are still pending and one was been referred for “further action,” he said.
The shooting death of Pretti, along with another American citizen, Renee Good, who were protesting immigration enforcement in Minnesota, sparked outrage and prompted changes to the Minnesota operation. On Thursday, Trump's border czar, Tom Homan, announced that he was winding down the operation, which at one point included 3,000 ICE and CBP officers.
Sen. Richard Blumenthal pushed Lyons to explain a memo he wrote justifying the use of administration warrants — documents signed by an ICE officer and not an independent judge — to forcibly enter a home to make an arrest.
The Associated Press reported last month that ICE was asserting sweeping power through the use of administrative warrants in its enforcement operations.
Administrative warrants historically have not been sufficient to overcome Fourth Amendment protections that guard against illegal searches.
Lyons defended the practice, arguing that there is case law in Minnesota that allows officers to enter a home to catch a fugitive using only an administrative warrant.
Blumenthal, who compared the ICE's administrative warrants to a permission slip, said they aren’t enough to overcome constitutional protections.
Other Republicans directed their toughest questioning toward an earlier panel of Minnesota officials. When questioning Lyons and Scott, they focused not on the officers' tactics but on the threats they said ICE and CBP officers faced in carrying out their jobs.
Sen. Ron Johnson, from Wisconsin, asked Lyons to talk about the “violence, the threats, the doxing against ICE officers.”
“That’s where I’ve got a great deal of sympathy for people trying to enforce law,” he said.