Updated February 12, 2026 at 12:20 PM PST
Three top Homeland Security officials faced a barrage of questions from Senate lawmakers over their use of force policies and how federal officers are trained in deescalation, as the fallout continues from the killing of two U.S. citizens in Minneapolis last month.
Thursday's oversight hearing by the Senate Committee on Homeland Security began with a rebuke by Chairman Rand Paul, R-Ky., who asked leaders from Immigration and Customs Enforcement, Customs and Border Protection and U.S. Citizenship and Immigration Services (USCIS) to watch frame-by-frame video of the events leading up to the death of 37-year-old Alex Pretti.
Paul then asked the officials if the use of force on display in the video — from women being shoved, the close use of pepper spray, to the ultimate shots fired at Pretti by Border Patrol — were justified tactics. And he asked if any of the actions were "deescalatory."
"It's clearly evident that the public trust has been lost. To restore trust in ICE and Border Patrol, they must admit their mistakes, be honest and forthright with their rules of engagement and pledge to reform," Paul said in his opening remarks.
"It's terrible police work, but there has to ultimately be repercussions. I think he [Pretti] is retreating at every moment," Paul said. "He's trying to get away, and he's being sprayed in the face. I don't think that's de-escalatory. That's an escalatory thing."
Sitting at the witness table were ICE acting Director Todd Lyons, CBP Commissioner Rodney Scott and Joseph Edlow, director of USCIS. Lyons testified that 37 ICE officers had been investigated in the last year for use of force and detailed the changes to new officer training as the agency onboarded 12,000 new recruits. But in response to questions about Pretti's death, they declined to provide specifics on the ongoing investigation but noted that body camera footage would eventually be released.
The three DHS officials appeared before the committee as their department is one day away from a potential shutdown and as the Trump administration has vowed to continue reducing its immigration enforcement presence in Minneapolis.
On the issue of use of force, the committee's top two leaders were largely in agreement Thursday that the actions of officials in Minnesota went too far. Consensus beyond that, however, was harder to find.
Democrats, several of which successfully advocated last month to strip DHS from a broader government funding deal, focused on use of force, engagement with U.S. citizens and training.
Sen. Bernie Moreno, R-Ohio, urged Paul and Democrats to not jump to conclusions over the actions of the agents involved in the Pretti shooting.
"I find it outrageous that we are going into a path where watching a video on social media is enough to indict people," Moreno said.
Sens. Ron Johnson, R-Wis., and James Lankford, R-Okla., focused on the threats law enforcement officials face amid an increasing spotlight on their operations.
Several Democrats on the committee were quick to call for DHS' funding to be separated after two U.S. citizens, including Pretti, were killed in Minneapolis. They have since laid out a list of demands that includes mandating the use of body cameras and judicial warrants, banning the use of masks and arrests in hospitals, schools and churches.
Immigration officials sidestepped questions on Noem's claims
The three officials were testifying for the second time this week — they also appeared before the House Homeland Security Committee on Tuesday.
And for the second time this week, the officials declined to support the claims made by Homeland Secretary Kristi Noem in the immediate aftermath of Pretti's death — namely her accusation that he was a domestic terrorist.
When asked if he, or anyone under his command, had provided information to lead to that conclusion, CBP Commissioner Scott said no. Both Scott and Lyons said they could not "speculate on what someone else would say" or why Noem thought that at the time.
When pressed on similar comments made by top White House officials, Lyons said, "any comments that are made publicly, privately, text, email, or Instagram posts, whatever is going to put a bias on the investigation."
Senators heard from top Minnesota officials first
During the hearing there was also testimony from Keith Ellison, the attorney general of Minnesota, and Paul Schnell, commissioner of the Minnesota Department of Corrections. They faced questions about local law enforcement collaboration with federal immigration officers and the protests against the surge that continued for weeks.
"I want to be clear that there is a legitimate need for immigration enforcement and for addressing those people who represent, in particular, a threat to public safety," Schnell said. "But I think what we want is to return to the days where there is close collaboration ... where we can focus on key issues of community and public safety across our country."
As their testimony began, White House Border Czar Tom Homan announced from Minnesota that President Trump has agreed that the immigration surge in the state will conclude.
DHS budget negotiations remain in limbo
Last month, the Senate stripped funding for the Department of Homeland Security from a broader federal spending package. With the agency's baseline funding due to expire Friday at midnight, lawmakers are now considering potential changes to immigration enforcement at the behest of Democrats, who have refused to fund the agency without reforms.
Democrats produced legislative text over the weekend encapsulating their key demands. The White House responded with a counteroffer that top Democrats have described as "incomplete and insufficient."
Republicans have shown scattered support for some proposals, such as body cameras. But the parties remain deeply divided around other potential reforms and negotiations have been faltering.
Senate Majority Leader John Thune, R-S.D., has described the talks as making progress, though he has acknowledged that they are all but certain to not bear fruit before the Friday deadline, when funding runs out and members in both chambers are set to leave for a week-long recess.
But most Democrats, even a number of them who continued voting with Republicans last fall to end the government shutdown, say they will not support another short-term DHS funding measure even if it means a lapse in funding for the department.
"We are asking our colleagues and the White House to work with us," Sen. Catherine Cortez Masto, D-Nev., told reporters on Tuesday. "Unfortunately we're not seeing that."
If lawmakers don't reach a deal this week, another stopgap bill to fund DHS in the short term would be needed. A lapse in funding would affect agencies inside DHS, like the Transportation Security Administration and Federal Emergency Management Agency — potentially affecting air travel and disaster response.
During Tuesday's hearing, all three agency leaders hedged in response to questions about whether their operations would be affected if DHS shuts down on Friday. Edlow of USCIS reminded lawmakers that his agency is funded primarily by the fees people pay when they submit various forms and applications, so his employees would still get paid.
ICE and CBP both got a huge infusion of cash from Congress in Republicans' One Big Beautiful Bill Act last summer — making ICE the highest-funded U.S. law enforcement agency. That funding could allow the agencies to continue working with pay as they did during the last shutdown in the fall.
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