Legal and oversight experts are raising serious concerns after the Department of Homeland Security (DHS) rolled out new rules, limiting access for members of Congress to inspect and view immigration detention and processing facilities operated by U.S. Immigration and Customs Enforcement (ICE).
According to the new guidance now imposed by the agency after being issued earlier this month, members of Congress must provide at least 72 hours’ notice before visiting ICE facilities. The new rules also give the agency “discretion” to cancel or deny visits due to “operational concerns” or safety risks; intensifying conflict between immigration officials and Democratic lawmakers over the separation of powers. The decision marks a significant departure from longstanding federal law, which explicitly grants members of Congress the legal right to make unannounced oversight visits to immigration facilities that “detain or otherwise house aliens.” Under the current law, lawmakers are not required to provide “prior notice of the intent to enter a facility” to conduct oversight, though members of their staff must request a visit at least 24 hours in advance.
Rep. Bennie Thompson (D-Miss.), ranking member of the House Homeland Security Committee, strongly disagreed with that characterization. “This unlawful policy is a smokescreen to deny Member visits to ICE offices across the country, which are holding migrants — and sometimes even U.S. citizens — for days at a time,” he said. “They are, therefore, facilities and are subject to oversight and inspection at any time. DHS pretending otherwise is simply their latest lie.”
Previous DHS language for lawmaker visitations said, “ICE will comply with the law and accommodate Members seeking to visit/tour an ICE detention facility for the purpose of conducting oversight.”
However, ICE’s updated policy distinguishes between detention facilities and field offices, asserting that the latter are not subject to these oversight provisions, even though immigrants are often held in field offices for extended periods.
“The agency is attempting to draw a false distinction,” said Rep. Gomez, who posted a video outside the Metropolitan Detention Center pointing to the building’s signage. “It says Metropolitan Detention Center right here in big, bold letters, but they say this is a processing center. So I smell bull—.”
Oversight experts say ICE’s new approach is unprecedented—a potentially unlawful shift from past practices.
“Denying members of Congress access to facilities is a direct assault on our system of checks and balances,” James Townsend, director of the Carl Levin Center for Oversight and Democracy at Wayne State University, said. “What members of Congress are trying to do now is to be part of a proud bipartisan tradition of what we like to call oversight by showing up.”
The consequences of these access restrictions have already played out on the ground. Earlier this month, Rep. Norma Torres (D-Calif.) was among several lawmakers denied entry to the Roybal Federal Building during an unannounced oversight visit. Torres later required emergency room treatment for respiratory issues after ICE deployed chemical agents during what she described as a small, peaceful protest.
Torres has since attempted to reschedule her visit, but ICE canceled her appointment due to protest activity and did not respond to follow-up requests. Several lawmakers, including Reps. Judy Chu (D-Calif.) and Gomez have also been denied entry in subsequent attempts.
Source: Experts Sound The Alarm On New Rules For ICE Detention Center Visits
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