The Department of Homeland Security (DHS) has introduced new restrictions on lawmakers visiting detention facilities and has issued guidelines following contentious visits from certain Democratic representatives.
Members of Congress possess the legal right to visit U.S. Immigration and Customs Enforcement (ICE) facilities without prior notice.
However, new guidance from ICE aims to limit this power by requiring lawmakers to provide 72 hours’ notice before visits, along with a request for staff to notify 24 hours in advance.
While lawmakers still have the right to visit ICE detention facilities without notice, the new policy restricts access to field offices where operational activities occur.
“[DHS Secretary] Christie Noem’s new policy to obstruct parliamentary oversight of ICE facilities is not only unprecedented but also undermines both the Constitution and federal law. Noem is attempting to restrict when members can visit and is completely blocking access to ICE Field Offices, even with scheduled visits. This is an effort to enforce authoritarian rule, following Trump’s lead. The department must comply with the law; ICE cannot operate beyond oversight,” Rep. Benny Thompson (D-Miss.) stated.
“This unlawful policy serves as a cover to restrict access for lawmakers to ICE offices nationwide, where immigrants may be detained for days, and sometimes even U.S. citizens are held. These are detention facilities masquerading as DHS buildings.”
A recent Democratic visit encountered conflicts with DHS officials.
A trio of New Jersey Democrats attempted to visit the Delaney Hall detention center, accompanied by Newark Mayor Ras Baraka (D), but DHS agents subsequently arrested him for trespassing.
The charges against Baraka were swiftly dismissed, yet prosecutors later charged Rep. Ramonica McQuiver (D-N.J.) with assaulting law enforcement during the incident, which could result in a 17-year prison sentence if convicted.
Though it wasn’t an ICE facility, Sen. Alex Padilla (D-Calif.) was handcuffed after interrupting a press conference hosted by Noem in Los Angeles during anti-ICE protests.
DHS has not yet responded to inquiries for comment.
The new guidelines include additional restrictions on congressional visits to ICE facilities.
They stipulate that the “size of the group or visit itinerary may be adjusted to minimize operational impact,” and smaller facilities may face limitations on tour group sizes.
It further stated that limitations would be placed on lawmakers’ interaction with detainees, requiring them to provide names of individuals they wish to meet 48 hours in advance, so ICE officials can prepare sign-up sheets for those detainees.
“ICE will not facilitate meetings with detainees in detention facilities without a valid and signed privacy release. If members or staff wish to meet specific detainees, please provide your name, alien registration number, and a valid privacy release upon request.”
Additionally, capturing photos or videos inside ICE facilities is strictly prohibited.
The guidance cites privacy as the primary concern, yet the Trump administration has routinely displayed images of detained immigrants and documented flights with some visuals taken from behind.
Noem has also faced criticism for recording a video in a prison in El Salvador, where the Trump administration sent immigrants to present the conditions as a deterrent to future arrivals.
Thompson contends that the new measures aim to obscure the impact of Trump’s policies and the conditions of detention.
“There is no legitimate or legal reason to deny members access to ICE facilities. The constantly changing justifications from DHS prove this,” he said.
“To be clear, there are no agents or departments that are ‘too busy’ to monitor. If ICE has nothing to hide, DHS must allow access to the facilities.”
Source: thehill.com