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The Department of Homeland Security (DHS) has imposed new restrictions on visits by members of Congress to immigration enforcement facilities, leading to heightened tensions between federal immigration officials and Democratic lawmakers. The new guidelines, released this month, allow Immigration and Customs Enforcement (ICE) to "deny a request or otherwise cancel, reschedule or terminate a tour or visit" by lawmakers or their staff under various circumstances, such as "operational concerns" or if deemed appropriate by facility management or ICE officials.
Under existing laws, members of Congress can make unannounced oversight visits to immigration facilities that house detained immigrants. However, the new policy specifies that ICE field offices are exempt from these requirements, even though some detainees have been held there for days awaiting case processing. This policy change has resulted in Democratic lawmakers in California, Illinois, and New York being denied access to ICE facilities as they attempt to conduct oversight.
In Southern California, Representative Judy Chu, along with other members of Congress, called for improved conditions at the Adelanto ICE Processing Center, which houses around 1,200 detainees. Chu's attempts to gain access to the Edward R. Roybal Federal Building in Los Angeles were repeatedly denied, leading her to question why DHS is making it difficult for Congress members to access these sites. She argued that ICE offices qualify as detention facilities subject to Congressional oversight, and the new DHS policy undermines the law.
Representative Bennie Thompson, the top Democrat on the Homeland Security Committee, criticized the new ICE policy as an attempt to evade congressional oversight. He described the guidance on field offices as a "smoke screen" to prevent lawmakers from visiting offices holding migrants and sometimes U.S. citizens for extended periods.
The new guidance also requires at least 72 hours' notice for visits to ICE facilities and restricts physical or verbal contact with detainees without prior approval. According to the East Bay Times, Democratic lawmakers argue that these restrictions impede their constitutional duties to oversee immigration enforcement and detention facilities.