US senators demand overhaul of immigration agents’ use of tear gas after ProPublica investigation
Democratic lawmakers argue Department of Homeland Security policies are less restrictive than local police standards, while the agency defends its actions as necessary for officer safety.
Three US senators and members of the House Committee on Homeland Security have called for a comprehensive review of Department of Homeland Security policies regarding the use of tear gas and pepper spray by federal immigration agents. The demand follows a ProPublica investigation revealing that at least 79 children were injured by these chemicals during President Donald Trump’s immigration crackdown. Lawmakers argue that current federal guidelines are less restrictive than those adopted by many local police departments and pose significant health risks to children, who are more susceptible to the toxic effects of these agents due to their higher breathing rates relative to body weight.
Senator Cory Booker, a Democrat from New Jersey, stated that the findings necessitate federal legislation to rein in the misuse of chemical agents. He emphasised that such weapons, originally designed for riot control, should not be used in a manner that harms bystanders. Senator Richard Blumenthal of Connecticut and Senator Tammy Duckworth of Illinois echoed these concerns, urging the department to adopt the same rules and safeguards applied to police departments across the country. Blumenthal noted that agencies like the Minneapolis Police Department require chief authorisation for deploying chemical munitions, a level of oversight he argued is missing in federal immigration enforcement.
The investigation highlighted instances where children were harmed while at home or in vehicles, with tear gas drifting through windows or pepper spray being fired through car doors. In Portland, Oregon, federal agents routinely deployed tear gas outside an ICE processing centre, causing chemicals to seep into nearby apartments despite tenants’ attempts to seal their homes. One mother reported that her 12-year-old son developed chronic respiratory issues, while other children hid in closets or were taught to wear gas masks indoors. ProPublica found virtually no research on the long-term effects of these chemicals on children, though a 2018 survey of Palestinian families in the West Bank documented similar health complaints following repeated exposure.
In response to the findings, Democratic lawmakers have sent letters to DHS Secretary Markwayne Mullin demanding policy reviews and disciplinary records of agents involved. Senator Blumenthal set a deadline of June 1 for the department to respond to requests for records and answers. Meanwhile, Senator Tina Smith has introduced a bill prohibiting excessive use of force, including chemical munitions, in the presence of children. The legislation has 17 co-sponsors but has not yet been voted on. The DHS has defended its agents’ actions, stating that officers use the minimum amount of force necessary for safety and denying that the department targets children. A spokesperson rejected comparisons to Civil Rights era tactics as disgusting and blamed parents for placing children in risky situations.
No Republican lawmakers, including Speaker Mike Johnson and committee chairs, responded to ProPublica’s requests for comment. The issue remains contentious, with recent incidents such as federal agents firing pepper spray near Senator Andy Kim in Newark, New Jersey, further highlighting tensions. DHS stated that officers responded to protesters obstructing law enforcement and used force to protect themselves and property. As lawmakers push for legislative changes, the department maintains that it is authorised to take appropriate measures to diffuse violence against officers.
