We have all grown up on police dramas on TV. The police officer (or FBI agent) is shown with his name on a uniform, flashing a badge to the person he (almost always a ‘he’) wished to encounter. Nobody but suspects under arrest were handcuffed. The police openly discussed the concept of ‘probable cause’ and rarely did you see the officers initiate physical contact or property damage. Seems almost quaint now.

Because we have been introduced to the concept of police accountability over the past 20 years. Officers who harass people because of the way they look or the color of their skin face consequences from civil authorities (and sometimes judicial ones). Police departments that show patterns of corruption or play fast and loose with evidence face the wrath of civil supervision and judicial oversight. We have learned to understand that police are simply members of the community, and when ‘bad eggs’ are found they will be dealt with. We have that expectation. One example is a recent settlement in Columbus, OH, where police officers went on an obvious fishing expedition with a black motorist, to no avail, and ultimately the city had to pay the price. Perhaps the price wasn’t as high as it could have been, but accountability was maintained.

This is now the topic of the US Congress as it pertains to the Department of Homeland Security. Currently, ICE and Border Patrol agents are behaving as if they have complete immunity from the law, let alone not adhering to the standards that police and sheriffs countrywide have adopted. In order to get the DHS budget funded, Democratic representatives have demanded pretty common practices apply to these DHS enforcement officers. Like showing ID. Not wearing masks or clothing that doesn’t identify themselves (even the FBI has warned that the current practice has resulted in criminals posing as ICE to commit crimes). Getting warrants for targeted arrests (of the ‘worst of the worst’ as the President says). Stop racial profiling (which seems to be causing ICE to violate citizen’s rights frequently). Wearing body cameras at all times. The response from the Senate Leader, John Thune? “It’s totally unrealistic.”

The Republican position is that having federal officers behave like police do in every state of the country is ‘unrealistic’. That having the federal officers, that we pay for, respect our civil rights is ‘not serious’. Republicans seem unbothered by the Sisyphean feat that injured parties need to experience when they attempt to hold irresponsible (and sometimes murderous) federal agents accountable for the damage that they cause. Yet the Republicans in the Senate were anxious to include a clause in a recent funding bill allowing Senators to easily get compensated (at $500K a pop) when their phone records were searched – that should be easy, but Alex Pretti’s family should find it nearly impossible to get justice for his clearly horrific murder.

How can the leaders in power defend the behavior of ICE and Border Patrol agents? The government has been finding it difficult to accomplish this in court. The government that claims that the immigration hunt is merely enforcement of our laws has been found repeatedly to be ignoring those laws by multiple courts. The Chief Federal Judge in Minnesota (appointed by George W Bush) went so far as to write in a ruling that ICE has violated nearly 100 court orders (listing them out), just in the month of January! Rather than these government leaders saying no to proposed changes in DHS operations, perhaps they should be forced to defend DHS ignoring laws and Constitutional rights – they appear to be comfortable with them, so they should feel comfortable affirmatively supporting their lawlessness. Then they can run for re-election on that platform.

And the national disgrace continues…