ThinkTankWeekly

Testimony: "Congress Should End Amnesty for DHS Agents"

CATO | 2026-06-10 | society

Topics: United States

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English Summary

The testimony argues that DHS agents systematically violate constitutional rights—including due process, free speech, and protection against unreasonable search—with effective impunity due to gutted internal oversight, evidence withholding, ignored court orders, and claims of absolute immunity. Courts have found DHS likely violated the 1st, 4th, 5th, 10th, and 14th amendments, with documented examples including warrantless home invasions, wrongful arrests of citizens and legal immigrants, racial profiling, and violent incidents against peacefully protesting Americans. The witness contends that current law provides no meaningful remedy: citizens cannot obtain universal injunctions against unconstitutional policies, and federal law prohibits suits against federal agents. The testimony calls on Congress to eliminate this "amnesty for agents" by reforming federal law to allow Americans to sue DHS agents for constitutional violations in federal court.

中文摘要

該證詞主張,美國國土安全部(DHS)特務人員系統性地侵犯憲法權利——包括正當程序、言論自由,以及防止無理搜查的保護——並由於內部監督形同虛設、證據隱匿、法院命令遭忽視,以及聲稱享有絕對豁免權,而實質上逃脫懲罰。法院已認定DHS可能違反了第一、第四、第五、第十及第十四修正案,並提供了具體例證,包括無令狀家宅侵入、對公民和合法移民的違法逮捕、種族定性,以及對和平抗議美國民眾的暴力事件。證人主張,現行法律無法提供有意義的救濟:公民無法取得針對違憲政策的普遍禁令,而聯邦法律禁止對聯邦特務人員的訴訟。該證詞敦促國會透過改革聯邦法律來消除這種「給特務人員的赦免」,允許美國民眾在聯邦法院對DHS特務人員的違憲行為提起訴訟。

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