June 12, 2025

Capitol Police detain Senator Padilla during DHS oversight hearing

Sitting senator arrest raises separation of powers concerns over federal property rules

California Senator Alex Padilla was handcuffed and removed on June 12, 2025, after pressing DHS Secretary Kristi Noem about Los Angeles immigration raids. The arrest of a sitting senator raises separation of powers concerns.

On June 12, 2025, Senator Alex Padilla was handcuffed and removed from a Department of Homeland Security press conference and charged with disorderly conduct.

He was held in D.C. police custody for approximately two hours before being released.

Padilla was questioning DHS Secretary Kristi Noem about how many children were separated during Los Angeles immigration raids.

The Speech or Debate Clause in Article I, Section 6 of the U.S. Constitution protects members of Congress from arrest for legislative activities except for treason, felony, and breach of the peace.

No sitting member of Congress in modern U.S. history had previously been arrested while conducting official oversight activities.

Senate Majority Leader John Thune and Minority Leader Chuck Schumer demanded Padilla’s release, initiated an ethics investigation, and threatened appropriations consequences against the executive branch.

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People, bills, and sources

Senator Alex Padilla (D-CA)

conducting congressional oversight by questioning the DHS Secretary.

DHS Secretary Kristi Noem

defended Los Angeles immigration enforcement operations during the press conference.

Senate Majority Leader John Thune (R-SD)

publicly demanded Padilla’s release and called for an ethics review.

Senate Minority Leader Chuck Schumer (D-NY)

joined leadership in condemning the arrest and supporting oversight protections.

What You Can Do

1

Contact your U.S. Senators and Representatives via their official websites to express concerns about protecting congressional oversight and separation of powers.

2

Track congressional oversight hearings and press conferences on congress.gov by searching committee schedules and hearing announcements.

3

Review the text of the Speech or Debate Clause (Article I, Section 6) and related Supreme Court decisions through the Constitution Annotated (https://constitution.congress.gov/browse/article-1/section-6/) for civic education.

4

Consult civil liberties organizations like the American Civil Liberties Union (https://www.aclu.org) for guidance on protecting legislative speech and accountability.