Twelve Democratic members of Congress have filed a lawsuit against the Trump administration, accusing it of unlawfully obstructing their efforts to visit federal immigration detention centers.
The complaint, filed Wednesday in Washington, DC, argues that a new Department of Homeland Security policy that requires seven days’ notice and limits access to certain field offices violates a longstanding federal law that permits unannounced inspections by members of Congress.
Visits by members of Congress have been one of the few ways the public has learned what’s happening inside immigration detention centers. Lawmakers have reported overcrowded cells, spoiled food, medical neglect, and even the unlawful detention of US citizens.
Without access, plaintiffs argue, ICE facilities could operate in the dark as the administration detains more people than ever before.
Several lawmakers say they have already been denied entry to facilities in their districts. On Monday, Maryland Democrats — including Rep. Kweisi Mfume, Sen. Chris Van Hollen, Sen. Angela Alsobrooks, Rep. Glenn Ivey, Rep. Johnny Olszewski Jr., and Rep. Sarah Elfreth — were turned away from the ICE holding facility at the George H. Fallon Federal Building in Baltimore. (None of those lawmakers are plaintiffs in the new lawsuit, though another Maryland Democrat — Rep. Jamie Raskin — is. ) Reps. Robert Garcia, Jimmy Gomez, Jason Crow, and Veronica Escobar have also been blocked from facilities in California, Colorado, and Texas, and each of them have signed onto the legal challenge.
“These illegal actions have harmed each Plaintiff’s right as an individual member of Congress to conduct oversight and obtain information about DHS facilities and the conditions of immigration detention,” attorneys for the lawmakers wrote. “These harms are significant, irreparable, and ongoing as long as Defendants continue to block such visits pursuant to their unlawful policy.”
Tensions around access have escalated sharply. Last month, Democratic Rep. LaMonica McIver of New Jersey was charged with allegedly assaulting law enforcement officers outside a detention center following the arrest of Newark’s mayor. McIver has called the charges “purely political” and part of a broader effort to silence oversight.
“Blocking Members of Congress from oversight visits to ICE facilities that house or otherwise detain immigrants clearly violates federal law — and the Trump administration knows it,” said assistant House Minority Leader Joe Neguse. “We will not sit by while this administration hides what is happening inside these facilities from the American people.”
CNN has reached out to ICE for comment.
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