Three Democratic U.S. senators are calling for an overhaul of federal immigration agents' use of tear gas and pepper spray, following a ProPublica investigation that documented at least 79 children who were left screaming, coughing or injured by these chemical agents during recent enforcement operations.
The investigation found that Department of Homeland Security policies governing the use of such weapons are less restrictive than those adopted by many local police departments. Children were harmed both while at home when tear gas drifted into residential areas and in vehicles when officers deployed pepper spray through car windows, according to the report.
What the Left Is Saying
Sen. Cory Booker of New Jersey said legislative action is needed. "This reporting makes clear that we need federal legislation to rein in the over-use and misuse of tear gas and chemical agents," Booker said in a statement. "We cannot allow another child to be tear-gassed by federal law enforcement officers."
Sen. Richard Blumenthal of Connecticut called for DHS to adopt stricter standards based on best practices from local departments. In Minneapolis, for example, police can deploy chemical munitions only if the police chief has authorized it. "This kind of use of force should require approval from someone in a position of authority" and an assessment of potential collateral damage to children, Blumenthal told ProPublica.
Sen. Tammy Duckworth of Illinois echoed those calls. "We need a complete overhaul of ICE and Border Patrol to ensure they follow the same rules and safeguards that apply to police departments across the country," she said in a written statement.
Three Democratic members of the House Committee on Homeland Security also sent a letter to DHS Secretary Markwayne Mullin requesting information on training and policies for using chemical munitions when children are present. The letter, signed by Rep. Bennie Thompson of Mississippi along with Reps. J. Luis Correa of California and Shri Thanedar of Michigan, accused the department of "needlessly and callously" inflicting harm on children.
What the Right Is Saying
A DHS spokesperson rejected comparisons to historical civil rights enforcement tactics as inappropriate. In a statement, the spokesperson called such comparisons "disgusting" and said "this type of garbage has led to our law enforcement officers experiencing coordinated campaigns of violence against them."
The spokesperson did not directly address ProPublica's findings about children being harmed but emphasized challenges faced by federal agents during recent enforcement operations.
Some Republican lawmakers have generally supported giving immigration agents broad discretion in using force tools they argue are necessary for officer safety and crowd control. Conservative commentators have pointed to incidents of violence against law enforcement as context for why such tools are needed, though specific quotes from Republican offices on this particular investigation were not included in the reporting.
What the Numbers Show
ProPublica documented at least 79 children who suffered effects from tear gas or pepper spray during immigration-related enforcement operations, according to the investigation.
DHS policies on chemical munitions allow more flexibility than many local police departments that have adopted stricter rules following lawsuits or local legislation. There is no uniform federal standard governing when law enforcement can deploy these weapons.
One video disclosed in a lawsuit shows federal officers near Chicago hurling tear gas canisters at protesters without apparent provocation before an officer shouts expletives of celebration. The incident occurred blocks from where a 7-year-old child lives who has since required repeated urgent care visits for respiratory symptoms, according to the report.
The chemicals used in these munitions were designed for use against rioters and soldiers. Experts note children breathe more rapidly relative to body weight than adults, making them potentially more vulnerable to inhalation effects. Little research exists on long-term health impacts on children exposed to such agents.
The Bottom Line
Lawmakers from both chambers are pressing DHS for policy changes regarding when immigration officers can use chemical weapons near residential areas and children. Blumenthal separately requested disciplinary records of agents who deployed these chemicals in the presence of minors.
The situation has drawn historical parallels to law enforcement's use of tear gas during 1960s civil rights demonstrations, with some activists noting similarities between eras. DHS has rejected such comparisons as inappropriate.
What happens next: Democrats on the House Homeland Security Committee are awaiting responses from Secretary Mullin regarding training protocols and whether the department has studied chemical munitions' toxic effects on children. Blumenthal's request for agent disciplinary records remains pending.