After a spate of tense encounters involving lawmakers at Immigration and Customs Enforcement facilities, the Department of Homeland Security is asking members of Congress to provide 72 hours of notice before visiting detention centers, according to new guidance.
Under the annual appropriations act, lawmakers are allowed to enter any DHS facilities “used to detain or otherwise house aliens” to inspect them as part of their oversight duties. The act outlines that they are not required “to provide prior notice of the intent to enter a facility.”
The agency’s new memo also seeks to differentiate ICE field offices from detention facilities, noting that “ICE Field Offices are not detention facilities” and therefore do not fall under the appropriations act provision.
Rep. Bennie Thompson of Mississippi, the top Democrat on the Homeland Security Committee, called the move “unprecedented” and an “affront to the Constitution and Federal law.”
“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. They are therefore detention facilities and are subject to oversight and inspection at any time. DHS pretending otherwise is simply their latest lie,” Thompson said in a statement.
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.”
The recent memo now says the department “will make every effort” to comply with the law and accommodate members, while listing circumstances like “operational conditions, security posture, etc,” that could impact the time of entry.
CNN has reached out to DHS for comment and further information.
The recent changes come as Democratic lawmakers have had run-ins with law enforcement after showing up at the facilities as they push back against the Trump administration’s immigration crackdown.
Democratic Rep. LaMonica McIver was indicted last week on federal charges alleging she impeded and interfered with immigration officers outside a New Jersey detention center as McIver and other Democratic lawmakers, Reps. Robert Menendez Jr. and Bonnie Watson Coleman, tried to visit the Newark facility last month.
Newark Mayor Ras Baraka was arrested at the scene after attempting to join the three members of New Jersey’s congressional delegation in entering the facility. He was charged with trespassing, which was later dropped.
Other lawmakers have faced similar treatment in recent weeks while protesting President Donald Trump’s immigration policies.
Democratic Sen. Alex Padilla was forcefully removed from a news conference in Los Angeles last week and coerced to the ground after attempting to ask Homeland Security Secretary Kristi Noem a question.
He interrupted Noem as she was giving remarks at the FBI headquarters in Los Angeles on the administration’s response to the anti-ICE protests in the city. He was quickly removed from the room, brought to the ground by law enforcement, and placed in handcuffs during the rapidly unfolding incident.
In another instance, New York City comptroller and mayoral candidate Brad Lander was arrested at Manhattan’s immigration court on Tuesday after he tried to escort a migrant whom officers were attempting to arrest.
Multiple videos showed the New York politician standing next to a man and locking arms with him as federal officers approached. The officers asked Lander to step aside so they could arrest the man, and when he and other bystanders tried to block the arrest, a scuffle broke out between them.
CNN’s Holmes Lybrand and Karina Tsui contributed to this report.
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