ICE Bars Surprise Visits. Congress Isn’t Having It.
Democrats say ICE is unlawfully blocking detention site inspections — and warn subpoenas could follow (eventually)
WASHINGTON — Democratic lawmakers are demanding that the Department of Homeland Security (DHS) rescind new policies that they say unlawfully restrict congressional access to immigration detention facilities.
In a letter addressed to DHS Secretary Kristi Noem, Ranking Member Robert Garcia and 21 other House Democrats criticized the agency’s June 18 guidance and subsequent revisions, which they argue obstruct Congress’s constitutional oversight authority.
The lawmakers wrote, “We write to demand that DHS immediately rescind this policy, stop its efforts to impede congressional oversight, and provide information to hold accountable those responsible for initiating and advancing this unlawful attempt to stop Congress from fulfilling its constitutional mandate.”
The original June 18 guidance issued by Immigration and Customs Enforcement (ICE) imposed “arbitrary restrictions on congressional inspections of detention facilities,” according to the letter. A subsequent DHS policy stated that “any requests to tour processing centers and field offices must be approved by the Secretary of Homeland Security,” and that visit requests “should be made with sufficient time to prevent interference with the President’s Article II authority... a week is sufficient.”
The updated DHS website now states, “DHS requires requests be made a minimum of seven (7) calendar days in advance to schedule visits to DHS detention facilities. Any requests to shorten that time must be approved by the DHS Secretary.”
The lawmakers argue these restrictions violate both constitutional oversight authority and statutory protections enacted in annual appropriations laws. “Most recently, the fiscal year 2024 appropriations law clearly affirms Members of Congress’ explicit authority to perform unannounced oversight visits of immigration detention facilities,” they wrote, citing Public Law 118-47. The law, they said, bars DHS from preventing facility visits and makes clear that members of Congress are not required to provide prior notice.
“Congress is a coequal branch of government, and its duly elected representatives have the constitutional and legal authority to enter federal facilities, with reasonable accommodation, at any time,” the letter stated.
The letter also referenced recent media reports that paint a grim picture of ICE detention practices, noting that “more than 70% of the people currently in ICE detention have not been convicted of a crime.” It included examples such as “a 6-year-old child with leukemia unable to get the care he needs and a father of three U.S. Marines who was beaten by masked federal agents.”
The members demanded DHS provide:
A full accounting of all denied or restricted congressional oversight visit requests;
All documents and communications related to DHS’s legal assessment of the new policies;
The names of political officials who developed or advanced the policy changes.
They concluded by warning that failure to comply would be viewed as “confirmation of your willing violation of the law,” and said the Oversight Committee would pursue the information through “alternate means.” The letter emphasized, “We will continue to demand transparency, accountability, and respect for the rule of law that are essential to our values as a nation.”
The letter was signed by members including Eleanor Holmes Norton, Ayanna Pressley, Rashida Tlaib, Ro Khanna, and Summer Lee, among others.