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ARIZONA BORDER AND IMMIGRATION NEWS

Arizona Democrats call for investigation after pepper spray incident involving Rep. Grijalva, ICE

A week after Arizona U.S. Rep. Adelita Grijalva said she was pepper-sprayed during an ICE raid, a request has been made for an investigation.

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PHOENIX — A group of Democratic politicians from Arizona sent a letter Friday calling for a congressional investigation into the U.S. Department of Homeland Security (DHS).

The letter, which was sent by Arizona U.S. Sens. Mark Kelly and Ruben Gallego and U.S. Reps. Greg Stanton, Yassamin Ansari and Adelita Grijalva, asked the House and Senate Homeland Security committees to look into “the developing pattern of abusive conduct and obstruction of congressional oversight” by DHS and its related agencies.

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It was prompted by a Dec. 5 incident where Grijalva claimed she was pepper-sprayed during an Immigration and Customs Enforcement (ICE) raid outside of a Tucson restaurant.

“Representative Adelita S. Grijalva presented herself as (a) member of Congress to use her legal authority and constitutional duty to obtain pertinent facts, observe policies and conduct oversight of the executive’s implementation of federal law,” the letter said.

“Despite identifying herself as a member of Congress and requesting information, agents indiscriminately deployed a chemical irritant on the crowd. An agent on the scene fired a projectile that burst with smoke upon impact directly at her feet; and another pushed aside Rep. Grijalva.”

Two journalists were also allegedly hit by the pepper spray, the letter said.

ICE has disputed that chain of events, saying in a Dec. 10 press release that the pepper spray was used at the scene of a “rioting crowd,” which had gathered at one of 16 sites, including nine restaurants and seven “stash houses,” where search warrants were being served in southern Arizona.

“At one of the locations, over 100 agitators descended and attempted to impede law enforcement operations, locking a gate to trap agents within the perimeter of the restaurant,” the ICE statement read. “Agitators quickly turned violent, assaulting officers and slashing tires. An HSI (Homeland Security Investigations) Special Response Team was mobilized to regain control of the situation, where they were forced to deploy countermeasures.”

ICE added that two arrests were made at the scene and two HSI agents were injured.

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The agency said the raids were the result of a multiyear investigation into a transnational criminal organization accused of labor exploitation, tax violations and immigration violations.

A total of 46 arrests were made as a result of the search warrants, according to ICE.

“These enforcement actions have unequivocally disrupted this criminal organization’s ability to exploit our lawful labor and system of commerce,” acting Special Agent in Charge Ray Rede said. “This agency will not stand for it and those seeking to continue such practices are on notice — there will be more enforcement operations in Arizona.”

Why do Arizona politicians want investigation into DHS?

The Democratic delegation targeted DHS in its letter, as it is the agency that oversees ICE. They believe the actions by the ICE agents in Tucson crossed a line.

“These actions raise profound concerns regarding DHS’ respect for First Amendment protections and the public’s right to document federal law enforcement actions that may exceed or abuse authority,” the letter said.

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The politicians said the incident was part of a “deeply concerning national pattern” and they believe it shows “a systemic disregard for oversight, transparency and constitutional protections by DHS and its component agencies.”

What do Arizona politicians want to see come out of DHS investigation?

The Arizona Democrats had six goals for the investigation, which include:

  • The review of DHS’ use-of-force decisions and the Tucson incident.
  • The release of all body camera, surveillance and cellphone footage of the Tucson incident, along with related records.
  • The investigation of other incidents where DHS may have obstructed congressional oversight, interfered with the press or used excessive force against American citizens.
  • The review of DHS policies, procedures, trainings and guidance for crowd control and using chemical agents in public areas.
  • The holding of a public hearing about how the deployment of chemical agents against American citizens has affected communities and public trust in governmental institutions.
  • The release of findings and policy reform recommendations to strengthen transparency, discipline and accountability within DHS.

“Federal agencies must remain accountable to the public, not shielded from it,” the letter said. “We urge the committees to act swiftly to restore transparency, reinforce constitutional protections and ensure that DHS operates in the interest of public safety for community members, with restraint, professionalism and respect for the rule of law.”

Jeff Vinton KTAR.com editor

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