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Ranking Member Cassidy, Tuberville Request Memo from Julie Su Directing Staff to Obstruct Federal Immigration Officials


WASHINGTON – Today, U.S. Senators Bill Cassidy, M.D. (R-LA), ranking member of the Senate Health, Education, Labor, and Pensions (HELP) Committee, and Tommy Tuberville (R-AL) requested the California Labor & Workforce Development Agency (LWDA) to provide a memo from then-California State Labor Commissioner Julie Su directing her staff in the Division of Labor Standards Enforcement (DLSE) to obstruct U.S. Immigration Customs and Enforcement (ICE) officials who visited state labor offices. Currently, Su’s nomination for the Secretary of the Department of Labor (DOL) is being considered by the U.S. Senate.

During last week’s nomination hearing, Tuberville asked Su about a memorandum she issued in July of 2017 as the California State Labor Commissioner reportedly directing her staff in the Division of Labor Standards Enforcement (DLSE) to refuse entry to ICE agents who visited state labor offices in California. The memorandum also allegedly directs staff to tell ICE agents “to leave our office” and to demand a search warrant signed by a judge before allowing them onto the premises. In her testimony, Julie Su stated that she did not have a copy of the memo nor could she provide a copy of the memo. When Tuberville submitted a Question for the Record (QFR) asking for the memo after the hearing, she failed to provide a copy.

“As part of the Committee’s vetting process for presidentially-appointed nominees, it has come to our attention that, in July 2017, as California State Labor Commissioner, Julie Su issued a memorandum to her staff which allegedly instructed them to refuse entry to U.S. Immigration Customs and Enforcement (ICE) agents who visited state labor offices,” wrote the senators.

“In response to her questions for the record, and in response to Senator Tuberville requesting the production of this memorandum, Julie Su stated that she ‘does not have access to this reported memo and do[es] not recall its precise contents,”’ continued the senators. “Therefore, pursuant to our constitutional responsibilities, we request that your office produce a copy of the 2017 memorandum issued by Julie Su to the Committee by May 8, 2023.”

On April 26th, the HELP Committee voted to move Su’s nomination out of the Committee by a vote of 11 to 10. All Republican members of the Committee voted against her nomination. Su’s nomination will move to the Senate floor for a final vote at a later date.

Read the full letter here or below. 

Secretary Knox,  

Under Article II, § 2 of the U.S. Constitution, the Senate has the responsibility to advise the president about presidentially-appointed nominees and the authority to consent to those nominations.1 On April 20, 2023, the Senate Health, Education, Labor and Pensions (HELP) Committee held a confirmation hearing for Julie Su, President Biden’s nominee for the Department of Labor (DOL) in Washington, D.C.2 As part of the Committee’s vetting process for presidentially-appointed nominees, it has come to our attention that, in July 2017, as California State Labor Commissioner, Julie Su issued a memorandum to her staff which allegedly instructed them to refuse entry to U.S. Immigration Customs and Enforcement (ICE) agents who visited state labor offices.3 The memorandum also allegedly directs staff to tell ICE agents “to leave our office” and to demand a search warrant signed by a judge before allowing them onto the premises.4

 In response to her questions for the record, and in response to Senator Tuberville requesting the production of this memorandum, Julie Su stated that she “does not have access to this reported memo and do[es] not recall its precise contents.” Therefore, pursuant to our constitutional responsibilities, we request that your office produce a copy of the 2017 memorandum issued by Julie Su to the Committee by May 8, 2023.

 

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