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Three U.S. senators have called for an overhaul of federal agents’ use of tear gas and pepper spray.
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A ProPublica investigation found that at least 79 children were left screaming, coughing, or hurt by tear gas and pepper spray during President Donald Trump’s immigration crackdown.
Cory Booker, U.S. Senator from New Jersey
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“This reporting makes clear that we need federal legislation to rein in the over-use and misuse of tear gas and chemical agents,” Sen. Cory Booker, a Democrat from New Jersey, said in a statement.
Cory Booker, U.S. Senator from New Jersey
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“We cannot allow another child to be tear-gassed by federal law enforcement officers.”
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The Department of Homeland Security’s policies on the use of chemical weapons are less restrictive than those of some local police departments.
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There is no uniform standard governing how and when law enforcement departments can use tear gas and pepper spray.
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Sen. Richard Blumenthal, a Democrat from Connecticut, told ProPublica that DHS should update its policies based on the best practices of local police departments.
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In Minneapolis, police officers can deploy chemical munitions only if the police chief has authorized it.
Richard Blumenthal, U.S. Senator from Connecticut
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“This kind of use of force should require approval from someone in a position of authority” and an assessment of the potential “collateral damage to children,” Blumenthal said.
Tammy Duckworth, U.S. Senator from Illinois
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“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,” Sen. Tammy Duckworth, a Democrat from Illinois, said in a written statement.
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Many of the children affected by tear gas were at home when the chemical drifted in from streets where federal agents deployed it against protesters.
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Other children were sitting in their parents’ cars when officers fired pepper spray through the driver’s side windows.
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One mother near Chicago reported repeatedly taking her 7-year-old daughter to urgent care due to coughing and wheezing after tear gas seeped into their house last fall.
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Three Democrats on the House Committee on Homeland Security sent a letter to DHS Secretary Markwayne Mullin requesting details on the department’s training and policies for using chemical munitions when children are nearby.
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The letter accused the Department of Homeland Security of “needlessly and callously” inflicting harm on children.
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The letter requested information on whether DHS has studied the toxic effects of chemical agents on children.
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Rep. Bennie Thompson of Mississippi, Rep. J. Luis Correa of California, and Rep. Shri Thanedar of Michigan signed the letter.
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Sen. Richard Blumenthal sent a separate letter to DHS Secretary Markwayne Mullin requesting disciplinary records of agents who used chemical munitions in the presence of children.
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A video disclosed in a lawsuit shows federal officers near Chicago hurling tear gas canisters at protesters without apparent provocation before one officer says, “Fuck yeah,” and shouts, “Woo!”
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The incident shown in the video took place a few blocks from where a 7-year-old child lives.
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It is unclear if the officers shown in the video were disciplined.
Richard Blumenthal, U.S. Senator from Connecticut
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“Video evidence demonstrates that chemical agents have been employed indiscriminately, even when children are present,” wrote Sen. Richard Blumenthal.
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Sen. Richard Blumenthal sits on the Senate Committee on Homeland Security and Governmental Affairs and is the ranking member of the Permanent Subcommittee on Investigations.
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Some historians have compared current federal use of tear gas to Southern law enforcement’s use of tear gas during the 1960s Civil Rights Movement.
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Charles Mauldin, a Civil Rights activist, was tear-gassed by police at age 17 while marching for voting rights in Selma, Alabama.
Charles Mauldin, Civil Rights activist
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“Having people like ICE treat people the way we were treated 61 years ago, it’s horrible,” Charles Mauldin told ProPublica.
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A DHS spokesperson called the comparison to Civil Rights-era tear gas use “disgusting.”
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The DHS spokesperson stated that “this type of garbage has led to our law enforcement officers experiencing coordinated campaigns of violence against them.”
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The DHS spokesperson did not address ProPublica’s requests for interviews with Secretary Markwayne Mullin, ICE Director Todd Lyons, or ICE Acting Director David Venturella.
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“DHS does NOT target children,” the DHS spokesperson wrote.
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The DHS spokesperson blamed parents for placing their children in risky situations, calling it “reckless, unlawful, and extremely irresponsible.”
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ProPublica’s investigation found that some of the children most affected were innocent bystanders.
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In Portland, Oregon, federal agents routinely tear-gassed protesters who gathered outside an ICE processing center.
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For months starting last summer, tear gas seeped into an apartment complex across the street from the ICE processing center in Portland, Oregon, despite closed windows and towels placed under doors.
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According to a court declaration by his mother, a 12-year-old in Portland developed hives and chronic respiratory issues after exposure to tear gas.
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Two girls, ages 7 and 9, hid in a fort they built in their father’s closet during tear gas incidents in Portland.
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One parent in Portland said she taught her 13-year-old son to wear a gas mask indoors due to repeated tear gas exposure.
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ProPublica found a 2018 survey of Palestinian families in the West Bank showing children reported rashes and chronic tonsillitis after repeated exposure to tear gas deployed by Israeli security forces.
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ProPublica contacted more than two dozen federal lawmakers seeking a response to its findings.
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No Republican lawmakers, including House Speaker Mike Johnson, Sen. Rand Paul, and Rep. Andrew Garbarino, responded to ProPublica’s requests for comment.
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Many responding Democrats condemned DHS for its officers’ behavior and cited past unsuccessful efforts to hold the department accountable, such as hearings and oversight letters.
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ProPublica previously reported on a Democrat-led forum in March that spotlighted children harmed during immigration enforcement operations, including U.S. citizens who appeared to have been wrongfully detained.
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