The U.S. Department of Homeland Security (DHS) recently issued new regulations regarding visits by members of Congress to Immigration and Customs Enforcement (ICE) detention facilities, requiring lawmakers to give a 72-hour advance notice and their aides to submit an application 24 hours in advance. This has sparked backlash from Democratic lawmakers, who criticize the federal government for hindering Congress’ oversight powers.
According to current laws, members of Congress have the right to enter ICE detention facilities without prior notification. However, ICE’s new guidelines attempt to restrict this right, not only by requiring advance notification but also explicitly prohibiting lawmakers from entering ICE field offices, which are often key enforcement locations. The link to ICE’s new policy document can be found here: [ICE Facility Visitation Congressional.pdf](https://www.ice.gov/doclib/detention/iceFacilityVisitationCongressional.pdf)
Representative Bennie Thompson from Mississippi, a Democrat, issued a statement condemning this policy, stating, “Secretary Noem is attempting to obstruct congressional oversight of ICE, which is not only unprecedented but also a blatant challenge to the Constitution and federal laws.”
Thompson argues that these offices frequently temporarily detain undocumented immigrants, making them essentially detention facilities that should be subject to intermittent supervision by law.
Recent visits by Democratic lawmakers to ICE facilities have often led to conflicts. Last month, three Democratic federal lawmakers from New Jersey, along with Newark Mayor Ras Baraka, visited the Delaney Hall detention center, which resulted in clashes with DHS personnel. Baraka was briefly charged with trespassing, although the charges were later dropped. However, the prosecutor subsequently charged Congresswoman LaMonica McIver with “attacking law enforcement officers with her forearm,” and if convicted, she could face up to 17 years in prison.
In another incident, Senator Alex Padilla from California was detained after interrupting Secretary Noem’s speech at a press conference in Los Angeles related to anti-ICE protests.
As of the time of reporting, the Department of Homeland Security has not issued a public response to these incidents.