The Corner

The Encourage Lawsuits Against DHS Act?

Meanwhile, back in Washington, where they are rushing to pass an open-the-floodgates immigration bill, people are still picking through the 800-page text.  I was sent this e-mail about a nugget someone just came across:

The CIR bill mandates that within 180 days of enactment the Secretary of DHS along with Justice Department lawyers in the Civil Rights Division issue policies governing the use of force by all DHS personnel.  The policies established will require all DHS personnel to report each use of force.  It will also establish procedures for accepting and investigating complaints regarding the use of force by DHS personnel, and disciplining DHS personnel who violate any law or DHS policy relating to the use of force, and reviewing all uses of force by DHS personnel to determine whether the use of force complied with DHS policy, or demonstrates the need for changes in policy, training, or equipment.

These policies will have a number of bad consequences.  First and foremost, it jeopardizes the safety of DHS personnel.  Instead of acting with their safety as their top priority, they will be operating with the fear of possible discipline.  Furthermore, this policy is going to be written in conjunction with the Civil Rights Division at the Justice Department, which is notorious for being a liberal bastion of pro-defense lawyers.  If these procedures are written in a way that provides a greater extent of liability for DHS personnel, which they undoubtedly will be, it will create an unfavorable enforcement environment for DHS personnel. In addition, any increase in the number of disciplines will result in an increase in the number of lawsuits brought against DHS personnel.  And these lawsuits will not be cheap. The bill will also allow for complaints to be made by anybody, including illegal aliens detained crossing the border.  All that an apprehended individual needs to know is that they can file a complaint, which their lawyer will undoubtedly know, and they will file one, there is no reason not to. This will result in endless investigations of DHS personnel.


Rich Lowry — Rich Lowry is the editor of National Review. He can be reached via email: 

Most Popular

Politics & Policy

Kat Timpf Chased Out of Brooklyn Bar

Fox News personality and National Review contributor Kat Timpf was forced to leave a bar in Brooklyn over the weekend after a woman she had never met became enraged upon learning she worked in conservative media. Timpf, who has twice previously been harassed while socializing in New York City, first described ... Read More
Film & TV

The Dan Crenshaw Moment

Given the spirit of our times, things could have gone so differently. On November 3, when Saturday Night Live comic Pete Davidson mocked Texas Republican Dan Crenshaw’s eye patch, saying he looked like a “hit man in a porno movie” — then adding, “I know he lost his eye in war or whatever” — it was a ... Read More

The Present American Revolution

The revolution of 1776 sought to turn a colony of Great Britain into a new independent republic based on constitutionally protected freedom. It succeeded with the creation of the United States. The failed revolution of 1861, by a slave-owning South declaring its independence from the Union, sought to bifurcate ... Read More

Florida’s Shame, and Ours

Conspiracy theories are bad for civic life. So are conspiracies. I wonder if there is one mentally normal adult walking these fruited plains -- even the most craven, abject, brain-dead partisan Democrat -- who believes that what has been going on in Broward County, Fla., is anything other than a brazen ... Read More

There’s No ‘Neo-Jim Crow’ in Georgia

In the overtime of the 2018 elections, the Left can’t decide whether it opposes casting doubt on election results or insists on it. In the case of the Georgia gubernatorial election, narrowly lost by African-American activist Stacey Abrams, it’s unquestionably the latter. A cottage industry has grown up ... Read More