Members of Congress can make unannounced visits to ICE facilities for oversight, judge rules

A federal judge has ruled members of Congress are not required to give advance notice when visiting ICE facilities.

A dozen House lawmakers filed suit earlier this year in response to an ICE memo requiring members of Congress to provide at least a week’s notice if they plan to visit a site where detainees are held. The suit argues the new policy goes against a U.S. statute that guarantees lawmakers the right to make unannounced visits to facilities for oversight.

“The administration very clearly violated the law, which was agreed to by the president, agreed to by both Houses of Congress, establishing the legal right for members of Congress to access these facilities,” said Peter Kenny, vice president of litigation and investigations with American Oversight. The watchdog organization is one of the groups representing the lawmakers.

Politics

Arizona's Rep. Yassamin Ansari visits Eloy ICE detention center again

Greg Hahne

Ansari first visited the site in May. Another attempt in July was denied after a new rule was implemented that required congressmembers to provide at least 72 hours notice before they could visit.

Kenny says requiring advance notice limits the ability to do true oversight — something lawmakers noted during the first Trump administration, when they were not given immediate access to detention sites.

“In some cases, members or their staffs observed that facilities were being changed, painted over, the conditions were being improved between the time they were requesting to view the facility, and the time they were being given access,” he said.

Kenny says the latest ruling upends the ICE memo and restores the ability to make unannounced visits.

The Justice Department did not respond to questions about whether the government will appeal. The Department of Homeland Security said the new, advance notice policy was needed amid a “1,150% surge in assaults, disruptions and obstructions to enforcement.”

Since the beginning of this year, the agency has reported seeing an increase of between 500% and 1,150% in assaults or other disruptions of ICE enforcement and personnel, but hasn’t responded to questions about how those increases are calculated.