Senate panel hears from top immigration officials, state leaders on Minnesota surge

Slotkin also pressed Lyons on whether ICE was maintaining a database of people considered by the Trump administration to be "domestic terrorists" or collecting facial recognition data, license plates or addresses.

"We don't have a database," he said. Lyons also denied that ICE contributes data to other federal databases.

Asked why ICE agents would tell protesters that they would be added to a database, Lyons said, "I can't speak to why that officer said it, but we do not do that."

Michigan Democratic Sen. Elissa Slotkin asked Lyons about the possibility that the Trump administration would try to deploy ICE agents to polling places during the November midterm elections. 

"If the president of the United States gets Kristi Noem on the phone, and she gets you on the phone, and she says, 'We've heard there's a problem in Georgia, or in Michigan, or somewhere else, I need you to go and physically deploy around polling locations,' you will say no?" Slotkin asked.

"There's no reason for us to deploy, ma'am," Lyons said. He clarified that Homeland Security Investigations, an arm of ICE, does investigate voter fraud. 

"That's fine, I'm talking about something I think would be extraordinary in American history, which is uniformed and masked ICE agents encircling polling places. And it's not fantasy, it's not made up. These are things the president and his Cabinet have suggested," Slotkin said. "They've suggested invoking the Insurrection Act, which would allow active-duty military to do exactly the same thing. So this isn't someone who thinks the sky is falling. The president and his Cabinet are suggesting [this]. So you're going to be the guy standing in the breach."

"There's no reason to use ICE officers," Lyons repeated.

"Great. I hope that in the privacy of that meeting, when that comes down, when the president feels like he's going to lose the midterm elections, that you don't buckle," Slotkin said. "Because I think our democracy literally is dependent on it."

Questioned by Peters about Noem's statements surrounding Pretti's death, Lyons and Scott could not provide an explanation for why she said he had committed an "act of domestic terrorism." Other Trump administration officials, notably White House adviser Stephen Miller, made similar comments soon after the shooting.

Scott and Lyons said they did not provide that assessment to Noem, nor did anyone who reports to them, as far as they knew.

"Why would Secretary Noem, why would she tell the public that this was an act of domestic terrorism, right in the heat of the moment?" Peters said. "How would she possibly come to that kind of conclusion to tell the American public that when they're watching this video?"

Both Lyons and Scott said they could not speculate as to why Noem made the statement. 

"So it seems to me a really big question, which means that we have to have Secretary Noem here," Peters said. 

Noem said on Fox News last month that the situation was "very chaotic," adding that "we were being relayed information from on the ground from CBP agents and officers that were there." 

During an exchange with Sen. Ruben Gallego about the actions of law enforcement during the shooting of Good, Lyons said that ICE holds its agents accountable.

He said that from January 2025 to January 2026, ICE had 37 open investigations for excessive use of force. Lyons said 18 of those were closed, 19 are pending and one was referred for further action. He did not provide details about the investigation that was referred for additional action.

"We do hold individuals accountable," he said.

Lyons, speaking to Sen. Rick Scott of Florida, outlined efforts to work with state and local officials over his career and the numerous times that he said ICE hasn't been met with cooperation. 

He cited an example in Aurora, Colorado, where he said ICE agents were going to serve a criminal warrant on an apartment complex with alleged gang members. He said ICE tried to work with state and local government officials and notified them that the operation was ongoing.

"So when tactical teams arrived, protesters were already there and the apartment complex was empty," Lyons said. "We see that time and time again."

He said "we reach a point that we want to cooperate, we want to be good partners."

"But how many times, again, can we be Charlie Brown with a football and say, 'OK, this time you're going to work with us,' and it doesn't happen," he said. 

Lyons said if agencies don't want to work together, he respects that. But he added that "there's been time and time again empirical evidence that we are impeded, our operations get leaked, and then we're put out."

Scott told Sen. James Lankford, a Republican from Oklahoma, that 35.9 miles of new barrier along the U.S.-Mexico border has been installed since January, which includes the physical border wall and water barriers. He said there are 30 miles of new border wall and estimated 2 miles of wall per week is being constructed. 

Beyond the border wall, the CPB chief said the agency continues to hire agents and officers. He told senators they're trained to high professional standards.

"If there's not a consequence once you get past us, the flow will never stop," Scott said, referring to migrants who make it across the border.

Asked by Sen. Ron Johnson of Wisconsin about violence, death threats and doxxing against ICE officers, Lyons said after his testimony before the House Homeland Security Committee on Tuesday, "I went back to numerous death threats against my family."

"There was a video tape of my wife walking to work," Lyons said. "The cartels have actually posted the schematics to my home. ICE agents feel that every day."

Lyons said he doesn't want his officers masked, and would rather work with the committee and others to hold individuals accountable who dox ICE agents. 

"ICE agents don't want to be masked. They're honorable men and women," Lyons said. "But the threats against their family are real."

In an exchange over the investigation into the Pretti shooting, Scott said the FBI is leading the criminal dimension of the probe, while DHS and CBP's Office of Professional Responsibility are investigating other aspects. He said the investigations prevented him from being able to comment on the specifics of the shooting.

"There's a lot of other video. There's body cam video that's all being looked at. And until all that evidence is evaluated, I can't jump to a conclusion in either direction. I would ask America to do the same thing," Scott said. "But I am committed to transparency, to making sure all the information we have is made public when it's appropriate."

"So you will release the officers' cameras?" Paul asked.

"Yes," Scott said.

Paul and Peters began the second panel by showing video of the lead-up to the shooting of Alex Pretti, who was filming federal agents before he was tackled to the ground and shot and killed.

"The grant to use lethal force is so ominous … that society only allows such force to be used on rare occasions. Today we explore the rules of engagement — the rules for the proper use of force, and the rules for the use of force that are proportional to the threat," Paul said before launching into questions, adding that his goal is to "restore public trust."

"Is yelling at ICE officers or Border Patrol, is that a form of domestic assault on the officers?" Paul asked the witnesses, playing a video breakdown of the initial confrontation.

"No, sir," the CBP and ICE chiefs said. Paul then established that filming agents is not a crime. 

The video then showed agents approaching two women and shoving one to the ground.

"Is it an appropriate use of force to shove the woman to the ground here, Mr. Scott?" Paul asked. The CBP chief said he could not answer it without more information about what led to the confrontation and said an investigation is ongoing. But he conceded that it would not be appropriate to shove a woman to the ground only for yelling at officers. 

Paul said it was important to establish whether the agents were following DHS policy in how they acted. 

"There were people who said, and they were part of the government, I don't think they were any of you, but part of DHS and part of the administration, said, 'Yes, the officers were using deescalation tactics.' Nobody believes that, alright? I'm just going to stipulate that," Paul said. "Nobody in America believes that shoving that woman's head and face in the snow was deescalation."

The portion of the hearing featuring the Minneapolis officials has ended, with the heads of federal immigration agencies up next. Here are the witnesses who will testify soon:

• Todd Lyons, the acting head of Immigration and Customs Enforcement; 
• Rodney Scott, the commissioner of Customs and Border Protection; 
• Joseph Edlow, the director of U.S. Citizenship and Immigration Services.

Paul asked Schnell and Ellison whether they would advise the Minneapolis police to assist federal agents if a person is in the country illegally and hasn't been accused of a crime, but due process has been completed and they have a final order of removal.

Schnell said if there is a judicial order, "absolutely we should comply." Ellison agreed.

Paul said "people have the feeling that you don't want any cooperation with ICE on someone who's here illegally."

The Kentucky Republican said Democrats generally only put the blame on ICE and don't acknowledge that the cooperation between federal and state and local law enforcement had anything to do with it.

"I haven't gotten the feeling that you're willing to accept some responsibility for the lack of cooperation escalating this problem," Paul said.

Ellison responded, saying before the immigration crackdown in Minnesota, ICE was operating "legally and in a cooperative way." He said "it is this dramatic escalation that has caused so much problem."

"You are recommending that I try to be more clear, I will certainly take that to heart, sir," Ellison said. "But this surge is in fact a very serious issue."

Paul stressed that it's necessary for state and local leaders to say publicly that Minneapolis police will cooperate with ICE.

In response to a question from Sen. Richard Blumenthal, a Democrat from Connecticut, Ellison said that state investigators who want to probe Good's killing by ICE agent Jonathan Ross last month have been denied "critical information."

"We hope this changes," he said.

Ellison said state investigators haven't been able to access Ross's gun or shell casings, or Good's vehicle, which he said would be needed to complete an evaluation during an investigation.

"I'm really concerned that the failure to provide this evidence or to attest to chain of custody in effect amounts to a cover-up," Blumenthal said.

The Connecticut Democrat said that the decision by the Justice Department not to investigate Good's killing is "absolutely abhorrent and incomprehensible."

GOP Sen. Josh Hawley of Missouri questioned Ellison about a slew of Minnesota fraud schemes in a heated exchange. 

Hawley accused Ellison of helping the people who ran one of the fraud schemes, which Ellison repeatedly denied. 

The two men shouted over each other as they disputed the account. 

"I didn't come here to be insulted, I came here voluntarily," Ellison said. 

"You came here for the truth," Hawley replied. "Let's have it."

Ellison said his team assisted with the information that led to the prosecution and conviction of the individuals. Hawley said "you didn't lift a finger to prosecute them." He claimed Ellison accepted $10,000 from them, which Ellison called a "false statement."

The two men resumed shouting over one another. 

Hawley claimed Ellison "helped fraudsters defraud your state and this government of $9 billion, and you got a fat campaign contribution out of it."

"This is completely untrue," Ellison said. 

"You ought to be indicted," Hawley replied. "That's the truth."

Hawley said Ellison should resign. Ellison said Hawley should resign as well. 

Schnell told senators that social media posts from the White House include inaccurate information and cited a post from earlier this week that highlighted the arrest and removal of Abdirashid Elmi, a Somali immigrant.

Schnell said the man was released by the Department of Corrections directly to ICE on May 1, 2025. The White House post said "ICE is taking the WORST of the WORST off Minnesota's streets!"

"This misinformation makes it much more challenging for law enforcement and is so contrary to the way it has historically been in terms of collaboration," he said.

GOP Sen. Ron Johnson of Wisconsin sparred with Ellison, accusing him of encouraging protesters.

Johnson asked Ellison if he was aware of Signal chats that he said were used to deploy trained activists. Ellison said it's First Amendment activity. Johnson asked whether Ellison encouraged people to go out and demonstrate against ICE.

"Were you ever concerned about encouraging, I guess people who support you, to go out and put themselves into harm's way by impeding and obstructing a legal law enforcement exercise?" Johnson asked.

Ellison responded, "sir, that never happened."

"We at all times said, 'If you want to protest, protest peacefully, protest safely,'" Ellison said. "But you'll never find me being against the First Amendment." 

Johnson accused Ellison of encouraging people to put themselves into harm's way, saying "two people are dead" because of it.

"You ought to feel damn guilty about it," Johnson said.

Ellison said "everything you said was untrue."

"It was a nice theatrical performance, but it was all lies," he added.

Peters asked the panel about the cost to the state of the Department of Homeland Security's immigration operations in Minnesota and the impact on state resources.

Schnell said the cost of human life, as well as the drain on financial resources, is "staggering." Taking resources away from the local community would be "contrary to public safety," he said.

"We didn't ask for this level of assistance," he said. "We have seen crime go down in our state and this certainly has not been, ultimately, beneficial for the safety of our state."

Peters asked Schnell and Ellison about cooperation between state and local and federal law enforcement officials. 

Schnell said there hasn't been efforts to coordinate or discuss targets.

"I think what we see is a situation that is crisis-driven," Schnell said.

Schnell argued that if coordination had occurred from the beginning, a lot of the chaos in Minneapolis could have been avoided. 

"As things became more crisis-oriented after the two shootings, the two deaths, then there was this need for collaboration and securing ICE agents and even the local ICE facility in Minneapolis."

Ellison said DHS and DOJ haven't cooperated "up until now" on the investigations into the deaths of Pretti and Good. Ellison called it "unusual," citing previous cases of cooperation between federal and state and local authorities.

"It's an unusual, strange situation, but we're, with good faith, hoping that things will change," Ellison said.

Paul questioned Ellison about whether local law enforcement in Minnesota would assist ICE if the agency reached out about arresting an immigrant in the country illegally who has a criminal record.

"Targeted enforcement is not the problem," Ellison said, adding that he believes Minnesota police would provide resources to ICE.

Paul, however, said many are arguing that's not the truth.

Niska, too, said public statements from Minneapolis officials indicate that local law enforcement would not cooperate with ICE.

Paul Schnell, commissioner of the Minnesota Department of Corrections, said in his opening statement that he believes "oversight is urgently needed," and that Minnesota is seeking a return to law enforcement agencies "respecting each others' roles."

"What is happening in Minnesota is not a dispute about whether immigration laws should be enforced. What is in question are the reasons for the unprecedented federal action in our state, and the tactics being used," he said. 

"Oversight must begin by separating facts from fiction," Schnell said. "The latest false narrative is that Minnesota is a lawless sanctuary where dangerous criminals are allowed to slip through the cracks. That simply is not true."

Schnell said Minnesota honors immigration detainers and has coordinated with federal authorities "for many years," calling suggestions that state officials refuse to cooperate or harbor noncitizens "baseless." He said the president's request that serious offenders be deported before serving court-imposed sentences "undermine both victim and state justice interest." And he said the administration's Minneapolis crackdown has had "tragic consequences."

"What has resulted is not controlled, target-focused enforcement, but an operation lacking planning, discipline and constitutional restraint," Schnell said. 

Schnell stressed that "it is both possible to respect civil liberties and engage in meaningful immigration enforcement."

"We as a country need DHS to respect that balance," he added. "Minnesota's experience shows us that unchecked enforcement can lead to tragedy and a profound loss of trust." 

In an opening statement, Ellison said Operation Metro Surge caused "real harm" to Minnesota and said rationales for the enhanced immigration operation put forth by the Trump administration are pretext.

He said Operation Metro Surge is about "retribution and reckoning" in Minnesota, citing a Jan. 13 Truth Social post from Mr. Trump.

"This war on Minnesota is retribution to be sure — our policies, our values and how we vote," Ellison said. "And it comes at a great cost.

Ellison urged the committee to undertake a series of actions to improve oversight of ICE: require the agency to provide a full accounting of all individuals detained or deported from Minnesota during Operation Metro Surge; require ICE to document conditions at detention facilities and allow more access from lawyers, clergy and others; require the FBI to conduct investigations in partnership with the state into Good and Pretti's deaths; require ICE to stop masking, racial profiling and warrantless searches; and passing comprehensive immigration reform.

Harry Niska, the GOP floor leader in the Minnesota House, expressed appreciation for Homan's efforts in Minneapolis in his opening statement, saying "we're already seeing a more focused and disciplined federal effort on the ground."

But he said federal action "only tells part of the story."

"Minnesota had been proud of our reputation for clean and good government. But recently we've become a cautionary tale of chaos, corruption and fraud," Niska said. "And this decline is the result of specific policy choices made by Minnesota Democrats, especially related to immigration policy."

Niska put the blame on local and state Democrats for the situation in Minnesota, claiming their obstruction of federal immigration enforcement efforts "has a cost."

"That is what causes the chaos that we've seen in Minneapolis," Niska said. 

Niska said "the rule of law must include enforcing federal immigration law."

"It must be done within the bounds of the law," he added. 

Rep. Tom Emmer, a Republican from Minnesota, told senators that the unrest in Minneapolis was "unnerving" and "heartbreaking." The congressman also said any loss of life is "tragic."

"But make no mistake, it was all a direct result of radical sanctuary state and city policies in Minnesota," he said, adding that those policies "turned Minnesota into a safe haven for criminal illegal aliens."

Emmer criticized Minnesota Gov. Tim Walz and Attorney General Keith Ellison, as well as Minneapolis Mayor Jacob Frey. All are Democrats.

"It didn't have to be this way," he said. "The chaos in Minneapolis was entirely preventable had local law enforcement been allowed to work with federal law enforcement from the beginning."

He claimed that Democrats wanted to protect immigrants in the country illegally, potentially to ensure their political support.

"Minnesotans deserve answers and accountability," he said.

At a press conference in Minneapolis, Tom Homan, the White House border czar, announced that the administration's surge of immigration agents in Minnesota is coming to an end, adding a new wrinkle to the Senate hearing.

"I have proposed, and President Trump has concurred, that this surge operation conclude," Homan said.

Read more here.

Sen. Gary Peters, a Michigan Democrat, criticized the administration's immigration enforcement operation in his opening statement, while calling for the DHS agencies to be reined in.

"In communities all across the country, Americans have seen on video, with their own eyes, as law enforcement officers from the Department of Homeland Security have tackled and beaten U.S. citizens in the streets, as they have broken windows and yanked U.S. citizens from their cars, as they've been pepper-sprayed in the face at point blank," Peters said. "And as they have shot and killed two U.S. citizens — Renee Good and Alex Pretti — who were exercising their First Amendment rights."

Peters noted that "today's hearing comes at a critical time, as Congress has a chance to put needed reforms in place to hold DHS law officials and enforcement officers who supervise them accountable."

The Michigan Democrat said he looks forward to hearing from the immigration enforcement agency leaders, but "at the end of the day, they all answer to Secretary Noem."

Peters said DHS Secretary Krisi Noem "must also fulfill her responsibility to testify before this committee, and more importantly, the American people." He argued that DHS has undermined trust between communities and federal agencies — and "broken trust with the American people."

"Today's hearing is about holding DHS accountable for the terror that they have unleashed in our communities through these violent, excessive and unprofessional tactics," Peters said.

Sen. Rand Paul, a Republican from Kentucky who chairs the committee, began the hearing shortly after 9 a.m. In his opening statement, Paul addressed the unrest in Minnesota and killings of Renee Good and Alex Pretti, and urged those on both sides of the aisle to refrain from inflammatory rhetoric that can escalate the situation on the ground.

"Both parties have weaponized the term 'domestic terrorist; to target those with opposing views and it needs to end," he said.

Paul also said filming government officials in public is a constitutional right and not an act of aggression, and said Americans who are exercising that right should not be at risk of lethal force.

"The First and Second Amendment are not suspended in periods of unrest," the Kentucky senator said.

Paul said he supports ICE and believes dangerous migrants who have criminal records should be removed from the streets, but he said the agency needs to restore public trust.

"We must acknowledge when federal agents are placed in chaotic crowd-control situations, that the risk of tragedy increases," he said. "At the same time, state and local decisions that limit cooperation affect how and where federal enforcement is carried out. Escalatory statements from any level of government only make it worse."

The committee chairman, GOP Sen. Rand Paul of Kentucky, told "CBS Mornings" on Wednesday that there has been "a loss of public trust in ICE and their officials after seeing what's been going on in Minneapolis," while citing "fault on both sides."

Outlining what he hopes to hear from witnesses, Paul said, "We want to hear both sides on this."

"But we're also going to ask the ICE heads and those at DHS, we're going to ask them, 'What is the proper use of force?'" Paul said. "'When should agents be drawing their guns? When should they be firing their guns?' And if these heads of these agencies refuse to answer these questions, it's going to be a real problem."

Paul said: "When a mistake of this magnitude happens, the first thing should be an apology and it should be regret, it should be sadness and it should be, 'We are going to do better, and this is the policy, and we're going to make sure it's enforced.'" He credited Tom Homan with "doing better." Homan is the White House border czar who has taken over operations in Minnesota.

The Kentucky Republican said the public needs to "know how to behave, too."

"Do you have a chance of being shot if you take a weapon and have a proper license for a weapon to a rally?" Paul said. "Could you be shot if you're yelling at ICE officers? Could you be shot if you're gesticulating?"

He said the heads of the immigration enforcement agencies must be ready to answer the questions, noting that their testimony at the House hearing earlier this week was "mostly side-stepping."

Lawmakers remain at a stalemate over how to fund the Department of Homeland Security as Democrats seek reforms to rein in ICE in the aftermath of the Minnesota immigration crackdown. 

Funding for the department, which oversees ICE and CBP along with agencies like FEMA, TSA and the Coast Guard, is set to expire at 12 a.m. on Saturday unless lawmakers can come to an agreement. Democrats have pledged to oppose a short-term measure to keep DHS funded. 

Without action by Congress, funding would lapse for the agencies and a partial shutdown could begin next week. But immigration enforcement would continue, since ICE and CBP received an influx of funding in the One Big Beautiful Bill Act last year. 

The leaders of the immigration enforcement agencies defended the Trump administration's mass deportation campaign at Tuesday's hearing before the House Homeland Security Committee. 

Lyons and Scott, the leaders of ICE and CBP, fielded nearly all of the questions. Their agents have been at the center of the scrutiny surrounding the Minneapolis crackdown following the deadly shootings of Renee Good and Alex Pretti last month. The officials largely declined to comment on the shootings, citing the ongoing investigations into their deaths.

GOP lawmakers widely supported the leaders, though some sought commitments from them going forward. Democratic lawmakers pressed the leaders on their agencies, DHS Secretary Kristi Noem's handling of the shootings and the enforcement campaign more broadly.