The morning after Tuesday's midterm elections, as community members placed "I Voted" stickers at memorials for those killed by immigration agents, Democratic leaders outlined their plan to use their new congressional majority to force the Trump administration to answer for the shootings.
The deaths of Pretti, a VA nurse, and Good, a mother of three, during an ICE surge in Minneapolis marked a pivotal moment for the country, intensifying public backlash to President Trump's aggressive deportation efforts. But federal law enforcement officials have given little indication they are progressing in investigating those deaths, or the killings of at least seven others by federal immigration agents since Trump took office again last year. The Department of Homeland Security did not respond to NPR's request for the status of those investigations.
With a majority in Congress, Democrats can issue subpoenas to the major players in Trump's mass deportation plan, compelling them to testify under oath. That could include White House Border Czar Tom Homan, former Homeland Security Secretary Kristi Noem, former Border Patrol Commander Gregory Bovino, and White House Chief of Staff Stephen Miller, among others. Congress can also demand internal documents like use-of-force reports.
"They can dissect these individual shootings, and really unravel the story of what happened," said Naureen Shah, who leads the ACLU's immigration policy work. Democrats have already held shadow hearings on the ICE shootings, during which they called in family members and witnesses to testify. Now, Shah said, Congress can ask key questions: What orders were given to officers? What was their training? Who made the decision to paint Good and Pretti as threats, including calling Pretti a "would-be assassin" and a domestic terrorist, when video showed otherwise? "It's like we can turn the faucet on and actually find out so much more," she said.
Democratic leaders have already said that is the plan. Rep. Jamie Raskin of Maryland, expected to lead the House Judiciary Committee, told NPR in a statement that Congress will use "every tool" at its disposal and that it is time for ICE to "start answering to the American people." Rep. Robert Garcia of California, expected to lead the House Committee on Oversight and Government Reform, vowed to take on DHS and ICE abuses with a two-word statement: "Lawyer Up." Rep. Bennie Thompson of Mississippi, expected to lead the House Committee on Homeland Security, sent a letter on Wednesday to Homeland Security Secretary Markwayne Mullin, demanding that the agency comply with all document preservation requirements. Rep. Delia Ramirez of Illinois wrote on social media that Noem, Miller, Homan, Bovino and Mullin should "clear" their schedules.
In response, DHS general counsel James Percival said Democrats are "more interested in political shenanigans than in governing" but said the agency is prepared to "deal with this nonsense." A White House spokesperson told NPR that "if Democrats choose to pursue sham investigations and radical left policies, they are choosing to work against the American people," adding that Democrats "should be reminded that we still control the federal government and all of its powers."
But there are key limitations to what the Democratic majority can do on ICE accountability, said Rachel Moran, a law professor at the University of St. Thomas School of Law. Major changes, like clawing back funding for the agency, would require a veto-proof majority, which the Democrats do not have. "You still have a president who has shown a complete lack of interest in accountability for federal agents and in fact, a great deal of knee jerk defensiveness about their conduct," Moran said. Still, she said a deeper probe could serve important purposes, like making evidence available for states to use in their own criminal investigations. Minnesota officials have been fighting with the federal government to get evidence related to the Pretti and Good killings.
Brent Ganger, brother of Renee Good, said learning more about his sister's death will be hard to hear, "but I think it's also super important for us to understand what happened that day. I don't want history to keep repeating itself." On election night, he was scrolling Instagram when he saw a photo of his sister's memorial site covered in "I Voted" stickers. "I was very grateful to see the repudiation of this administration from the country. It felt very supportive of my entire family," he said. Nicki Adams, Pretti's close friend, said the stickers and the election results send a message to Congress: "You work for us, and please carry on these values that we care about."