LEXINGTON, Ky. — Today, U.S. Senate candidate Amy McGrath called for an ICE Accountability Standard to restore constitutional oversight, protect human life, and compel Congress to fulfill its constitutional responsibilities when federal power goes unchecked.

“The federal government holds immense power, and with it comes a constitutional responsibility,” McGrath said. “When that responsibility is abandoned, Congress must act. That moment is now.”

McGrath said Americans have watched immigration enforcement become a smokescreen for government overreach and a power grab by Donald Trump, enabled by leaders like Mitch McConnell and Andy Barr, resulting in civilian deaths, constitutional violations, blocked investigations, and leadership that refuses to take responsibility.

“This is not a debate about whether immigration law should be enforced,” McGrath said. “Both Democratic and Republican administrations have enforced immigration law. What makes this moment different is how that enforcement is being carried out.”

Current enforcement practices violate core constitutional protections, including the First Amendment’s protections for speech and assembly, the Second Amendment’s right to lawful self-defense, the Fourth Amendment’s protections against unreasonable searches and seizures, and the Fourteenth Amendment’s guarantees of due process and equal protection under the law.

“Too many elected officials, including here in Kentucky, have chosen to look away,” McGrath said. “Kentuckians deserve leaders who speak up when federal authority goes unchecked. Failing to do so is a failure to meet their constitutional responsibilities.”

The ICE Accountability Standard

McGrath’s ICE Accountability Standard establishes the baseline requirements federal immigration enforcement agencies must meet to operate lawfully and with public trust:

1. Reason and Warrant 

Federal agents must have a clear criminal or civil enforcement reason to seek out an individual and possess a warrant signed by a judge where required by law to proceed with detention. There is no circumstance in which individuals should be detained or questioned absent a clear legal predicate. All investigations and agent operations must be clearly defined and overseen to proceed.

2. Identifiable and Accountable 

Federal agents must operate openly and lawfully, without masks, and with visible identification and body cameras during enforcement actions. The public must be able to readily identify federal law enforcement during official operations. A democracy does not deploy unidentified agents into communities and call it law enforcement.

3. Fiscal Responsibility 

American taxpayers fund the DHS budget and the agents employed by ICE. Congress has a responsibility to ensure that funding is accompanied by meaningful oversight, accountability, and enforceable standards. Agencies must ensure enforcement strategies reflect clear legal authority and defined objectives. There is no circumstance in which public funds should be extended to enforcement activities operating without checks, accountability, or lawful justification. The mass deployment of agents into cities without proper reason or warrant is a waste of taxpayer dollars and a violation of the rights of Americans.

4. Oversight and Investigations 

Any use of force by DHS or ICE resulting in serious injury or death requires an independent investigation to begin within 24 hours. No agency should investigate itself after taking a life and every use of force must be reviewed against nationally recognized principles that limit force to situations necessary to protect life or prevent serious harm. DHS and ICE must also provide full, mandatory reporting to Congress on enforcement actions, use of force, and disciplinary outcomes, with no delays, internal stonewalling, or optional oversight tolerated.

“In the U.S. Senate, I will use every constitutional tool available to enforce this standard,” McGrath said. “If DHS and ICE refuse to meet these basic requirements, I will oppose continued funding for agencies that operate outside the law, evade oversight, or put American lives at risk.”

McGrath said the standard represents the minimum necessary to restore order and uphold democratic values.

“This is the baseline requirement to restore order, defend our democracy, and protect the constitutional rights of all Americans,” she said. “Our democracy, our safety, and our values depend on it.”

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