Tuberville, Cassidy Demand Memo Uncovered in Committee Hearing

Su admitted existence of memo ordering obstruction of immigration enforcement

WASHINGTON — U.S. Senator Tommy Tuberville (R-AL), Alabama’s voice on the Senate Health, Education, Labor, and Pensions (HELP) Committee, joined Ranking Member Bill Cassidy, M.D. (R-LA) today in demanding answers from California regarding Julie Su, President Joe Biden’s nominee to be secretary of the U.S. Department of Labor (DOL), about her previous alleged obstruction of immigration officials.

“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. 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.”

Public reports indicate that Su, while chief of California’s Division of Labor Standards Enforcement (DLSE), ordered DLSE employees to obstruct requests from ICE.

During last week’s nomination hearing before the HELP Committee, Senator Tuberville asked Su about the existence of a memorandum from July of 2017 instructing DLSE 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. Su responded that she neither had a copy of the memo nor could she provide one. When Senator Tuberville submitted a Question for the Record (QFR) asking for the memo after the hearing, Su again failed to provide a copy.

On April 26, 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.

Today, Senators Tuberville and Cassidy requested the California Labor and Workforce Development Agency (LWDA) provide the memo Su admitted during the hearing. 

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 premise.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. 

Senator Tommy Tuberville represents Alabama in the United States Senate and is a member of the Senate Armed Services, Agriculture, Veterans’ Affairs, and HELP Committees.

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