The Department of Homeland Security (DHS) is placing new limitations on lawmakers seeking to visit detention facilities, releasing guidelines in the wake of visits from Democrats that have turned confrontational.
Members of Congress have the legal right to make unannounced visits to U.S. Immigration and Customs Enforcement (ICE) facilities.
But new guidance posted by ICE seeks to rein in that power, asking lawmakers to give 72 hours notice before any visits, while requiring their staff to give 24 hours notice.
Though lawmakers retain the ability to make unannounced visits to ICE detention facilities, the new policy blocks them from visiting field offices, where most agency action takes place.
“[DHS Secretary] Kristi Noem’s new policy to block congressional oversight of ICE facilities is not only unprecedented, it is an affront to the Constitution and Federal law. Noem is now not only attempting to restrict when Members can visit, but completely blocking access to ICE Field Offices – even if Members schedule visits in advance. No matter how much she and [President] Trump want to force us to live under their authoritarian rule, ICE is not above oversight and the Department must follow the law,” Rep. Bennie Thompson (D-Miss.) said in a statement.
“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.”
Recent Democratic visits have resulted in clashes with DHS personnel.
A scuffle erupted when a trio of New Jersey Democrats attempted to visit their state’s Delaney Hall detention center alongside Newark Mayor Ras Baraka (D), with DHS agents later arresting him for trespassing.
The charges against Baraka were swiftly dropped, but prosecutors later brought charges against Rep. LaMonica McIver (D-N.J.), accusing her of assaulting law enforcement with her forearms during the scum. If convicted, she faces 17 years in prison.
Though not at an ICE facility, Sen. Alex Padilla (D-Calif.) was handcuffed after he interrupted a press conference held by Noem in Los Angeles regarding anti-ICE protests in the city.
The DHS did not immediately respond to request for comment.
The new guidance contains other details that would limit congressional visits at ICE facilities.
It says “group size or visit itinerary may be modified to reduce operational impacts” while smaller facilities may also limit the tour group size.
It also seeks to place restrictions on lawmaker interaction with detainees, saying they must list whom they wish to speak with or give 48 hours notice so that ICE personnel can post a sign-up sheet for those wishing to speak with lawmakers.
“ICE will not facilitate meetings with detainees in detention facilities without valid, signed privacy releases. If Members and/or Congressional staff would like to meet with a specific detainee or set of detainees, please provide names, alien registration numbers, and valid, signed privacy releases with your request,” it states.
It also bars any photography and videography within ICE facilities.
Though the guidance suggests privacy is a top concern, the Trump administration has routinely showed photos of migrants it has arrested as well as those boarding deportation flights, though some images have been shot from behind.
Noem also came under fire for filming a video in a prison in El Salvador where the Trump administration sent some migrants, showcasing the backdrop as a warning to immigrants.
Thompson contended the new measures were designed to conceal the impacts of Trump’s policies as well as the conditions in detention.
“There is no valid or legal reason for denying Member access to ICE facilities and DHS’s ever-changing justifications prove this,” he said.
“To be clear, there is no agency or department that is ‘too busy’ for oversight. If ICE has nothing to hide, DHS must make its facilities available.”
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