Letter to Members of the U.S. House of Representatives - Blumenauer, Lieu Call on Congress to Stop Federal Law Enforcement Overreach

Letter

Dear Colleague,

Over the last several weeks, Americans have responded to the murders of George Floyd, Breonna Taylor, Ahmaud Arbery and others by protesting against the structural racism embedded in our country. We are encouraged that so many people are exercising their First Amendment rights to stand up against these injustices.

At the same time, we are outraged that the Trump Administration has responded to these First Amendment-protected gatherings by authorizing the deployment of federal law enforcement officers without the consent of local authorities. For example, in May, officers from the Drug Enforcement Administration, Bureau of Prisons, and the Department of Homeland Security--who are not ordinarily trained in crowd control--responded to peaceful protests in Washington, D.C. that turned injurious after police escalated their use of force. The Mayor of DC opposed the deployment of these federal units.

In July, law enforcement officers from the Department of Homeland Security and the Department of Justice, including the Bureau of Prisons, Federal Protective Service and Border Patrol, responded to protests in Portland, Oregon--again not having been trained for these types of events. The Governor of Oregon, Members of Congress in Oregon, and local elected officials all oppose the deployment of these federal units.

Congress provides federal agencies specific authorities to enforce federal laws, with some flexibility. These flexibilities have allowed the Attorney General to use Drug Enforcement Administration officials to enforce non-drug related laws and the U.S. Marshals Service to deputize other law enforcement officers with expanded authorities. In some cases, such as when responding to natural disasters, these additional powers have been legitimately exercised. We cannot, however, allow agencies to abuse them as we have recently seen in Washington, D.C. and most recently Portland.

In response to these events, we will be introducing legislation to uphold the First Amendment rights of all Americans. Specifically, our legislation would restrict the ability of the U.S. Marshals Service to deputize other law enforcement officers, such as Bureau of Prisons and Department of Homeland Security personnel, to perform the functions of a Deputy U.S. Marshal. The bill would also prohibit the Attorney General from designating Drug Enforcement Administration officers to enforce federal laws outside of their Title 21 authority. This legislation includes exceptions, which would allow for the expanded law enforcement activity when it has been requested by state officials.

We invite you to join us in this effort.

Sincerely,

Earl Blumenauer

Ted W. Lieu

Source