Kyrsten Sinema – United States Senator
Dear Mr. Hamster:
Thank you for contacting me about S. 492, the Ending Qualified Immunity Act. I always appreciate hearing from Arizonans about issues facing our state and country. It is important that we have conversations about topics that matter to you and your family, and I hope you will continue to reach out to me and share your perspectives and suggestions.
The doctrine of qualified immunity protects public officials from personal liability if they commit constitutional violations under federal law. Qualified immunity does not apply in cases when public officials violate “clearly established” law, which refers to other court cases that involved the same context and conduct as the present dispute. Qualified immunity is sometimes afforded to law enforcement officials who violate federal law in the line of duty. Law enforcement officials have invoked qualified immunity while facing accusations of illegal search and seizure, excessive use of force, perjury, or other violations.
George Floyd was a 46-year-old Black man who died in police custody in Minneapolis, Minnesota on May 25, 2020. Police were initially called to respond to accusations that Mr. Floyd used counterfeit currency to purchase cigarettes. While Mr. Floyd was handcuffed and lying on the street, one police officer, Derek Chauvin, pressed his knee into Mr. Floyd’s neck for eight minutes and 46 seconds as Mr. Floyd repeatedly indicated that he could not breathe. After losing consciousness on the street, Mr. Floyd was transported to a nearby hospital by emergency medical services, where he was pronounced dead. Mr. Chauvin was charged, tried, and convicted of second-degree murder, third-degree murder, and second-degree manslaughter on April 20, 2021. Mr. Chauvin currently awaits sentencing.
After George Floyd’s death, protests and demonstrations erupted throughout Minnesota, and later spread to all 50 states, Washington, DC, and a number of nations around the globe. Protests more broadly focused on the systematic, disproportionate violence exhibited by law enforcement officers against Black Americans. As part of these sustained protests, many are calling on Congress to enact a number of policing reforms, including reforms to the doctrine of qualified immunity.
Senator Edward Markey (D-MA) introduced S. 492, the Ending Qualified Immunity Act, on March 1, 2021. The bill ends the doctrine of qualified immunity, subjecting public officials to civil liability for actions that violate the constitutional rights of others. Supporters of S.492 argue that qualified immunity shields law enforcement officers from accountability, blocksjustice for victims and their families, and freezes case law by preventing the consideration in court of any case that does not have an identical precedent, reducing the likelihood of accountability for future constitutional violations. Opponents of the legislation maintain that, without qualified immunity, law enforcement officers would be subject to frivolous and expensive lawsuits, thereby discouraging them from effectively performing their duties. S. 492 was referred to the Senate Committee on the Judiciary, where it may be considered.
George Floyd should be alive today. I hope the conclusion to Derek Chauvin’s trial brings some level of healing and solace to George Floyd’s loved ones as we continue working toward a future in which all Americans have equal protection under the law. Too many Americans fear that what happened to George Floyd could also happen to them. Bad police officers make it harder for good police officers to do their jobs safely. I am committed to working across the aisle with my colleagues in the United States Senate to prioritize commonsense policies that ensure all Americans feel safe in their communities and are treated equally under the law.
Thank you for sharing your view on this issue with me. Please do not hesitate to contact our office with any future questions or comments. Additionally, if you would like to stay connected to our office with the latest news, legislation, and other useful information, please visit our website, sinema.senate.gov.
Sincerely,
Kyrsten Sinema
United States Senator
Gosar Introduces Separation of Powers Restoration Act
For Immediate ReleaseContact: Jessica Lycos
July 1, 2021jessica.lycos@mail.house.gov
WASHINGTON, D.C. – Congressman Paul A. Gosar, D.D.S. (AZ-04) issued the following statement after introducing the Separation of Powers Restoration Act, legislation that restores the Constitution’s basic principal of dividing the federal government into separate branches with independent powers.
“For too long, the executive branch regardless of political party has developed an unbridled concentration of power never envisioned by the Founding Fathers. From forever wars and endless executive orders to overreaching emergency declarations, the executive branch has greatly weakened our system of checks and balances against one branch of government by exerting greater influence than the others.
My common sense legislation would restore the separation of powers and rein in an over-reaching executive branch as established by the Constitution,” said Rep. Paul Gosar.
Original Cosponsors: Rep. Thomas Massie (KY-04), Rep. Marjorie Taylor Greene (GA-14).
Background:
The separation of powers is a doctrine of constitutional law under which the federal government is separated into the executive, legislative and judicial branches. Each branch has separate powers and one branch is not allowed to exercise the powers of the other branches. Congress writes the laws, the executive branch enforces the laws.
The Separation of Powers Restoration Act repeals the War Powers Resolution Act, terminates all states of emergency, reinvests national emergency declaration authority in Congress, blocks all Presidential orders unless it is the President acting with express authority granted in the Constitution or given by an Act of Congress, and gives members of Congress, state and local governments, and the People, standing to challenge Presidential orders in court which exceed executive power.
To read a copy of the bill text, click HERE.
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Senator Kyrsten Sinema
Pete,
In the recent COVID relief law, we helped secure a bigger Child Tax Credit (CTC) for Arizona’s everyday families.
Under the American Rescue Plan, the maximum value of the tax credit was increased for 2021 to $3,000 per child (including 17 year-olds) or up to $3,600 for children under the age of six.
Arizonans will be able to receive half of their tax credit in monthly installments beginningJuly 15, 2021. Families will be able to then claim the other half of the CTC (which is based on the number of qualifying kids in your household, their age, and your income) when they file their 2021 tax returns next year.
Eligible families will begin receiving advance payments either by direct deposit or check. The payment will be up to $300 per month for each qualifying child under age 6 and up to $250 per month for each qualifying child ages 6 to 17. Eligible families do not need to take any action now other than to file their 2020 tax return if they have not done so.
The IRS has created online tools to help families understand these changes:
- Non-filers Sign-up online portal to help eligible families who don’t normally file tax returns register for the monthly Advance Child Tax Credit payments, scheduled to begin July 15, 2021.
- Child Tax Credit Eligibility Assistantallows families to answer a series of questions to quickly determine whether they qualify for the advance credit.
- Child Tax Credit Update Portal allows families to verify their eligibility for the payments and if they choose, to opt out from receiving monthly payments so they can receive a lump sum when they file their tax return next year.
The new law also made the CTC fully refundable to ensure families earning the lowest wages get needed relief. We’re proud to support these changes to benefit almost 1.5 million Arizona children and families.
For more information on the new Child Tax Credit, visit https://www.sinema.senate.gov/corona/tax.
Sincerely,
Senator Kyrsten Sinema
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