Top Biden nominee ordered staff not to cooperate with ICE, memo shows

President Joe Biden's nominee to lead the Department of Labor previously ordered staff at her former post to not cooperate with Immigration and Customs Enforcement (ICE), according to a memo that Republican lawmakers obtained.

Acting Labor Secretary Julie Su, whom Biden has tapped to lead the department permanently, previously headed the California Labor Commission. During her tenure in that posting, Su authored a memo directing staff not to voluntarily cooperate with federal immigration agents and to ask that they leave the premises, Fox News reported.

Obtained by Republican Sens. Bill Cassidy, La., and Tommy Tuberville, Ala., the memo states that "Labor Commissioner staff should not voluntarily permit a federal immigration agent to enter any part of our office."

"Staff should ask the agent to leave our office, including the waiting room, and inform the agent that the Labor Commissioner does not consent to entry or search of any part of our office," it continues. "Doors that lead to the inner office suite, and office doors that are generally locked or shut, should not be voluntarily opened for the agent."

The 2017 memo further directed staff to inform the office's lawyers should federal authorities present a warrant. 

"Staff are directed to contact designated Labor Commissioner Attorneys should an agent actually present a warrant," it reads. "If the agent states that he or she does not have a warrant, staff should again ask the agent to leave our office, including the waiting room, and state that the Labor Commissioner does not consent to the agent’s entry or search of any part of our office."

The revelation comes at a time of heightened scrutiny of the Biden administration over its handling of immigration and an ongoing surge in illegal migration at the southern border. The Title 42 immigration order is set to expire this week and authorities are already bracing for the arrival of tens of thousands of asylum seekers.

Su's confirmation has not yet been scheduled for a floor vote and the memo may impact the decision of moderate Democrats on whether or not to support her.

Ben Whedon is an editor and reporter for Just the News. Follow him on Twitter.