Trump’s DHS tightens reins on Democrat ‘oversight’ visits to detention centers
The Department of Homeland Security (DHS) has recently released new guidance for members of Congress who wish to visit federal immigration detention facilities. This guidance comes in response to Democrat lawmakers beginning to visit Immigration and Customs Enforcement (ICE) facilities amid President Trump’s deportation efforts, with several being denied entry this week at immigration detention facilities in New York and Illinois.
According to the new guidance, members of Congress wishing to visit an ICE facility are required to notify the agency at least 72 hours ahead of time. This is in addition to existing requirements that mandate House or Senate staffers to provide 24-hour notice in advance of their visits. The guidance is aimed at ensuring that all visits to ICE facilities are conducted in an organized and secure manner.
The Trump administration has been working to tighten border security and deport illegal immigrants in the United States. In response, members of Congress have been showing up at federal immigration facilities to perform their statutorily authorized oversight duties. However, the new DHS guidance clarifies that while members of Congress have the right to make unannounced visits to ICE detention facilities for oversight purposes, ICE field offices fall outside of that statutory authority.
The guidance also emphasizes that ICE retains the discretion to deny a request or cancel, reschedule, or terminate a visit if deemed appropriate by facility management or other ICE officials. Members of Congress must comply with entry requirements, and anyone attempting to circumvent these requirements may be subject to arrest.
Additionally, the guidance prohibits recording devices from being brought into federal detention facilities and sets parameters for how visitors can interact with persons detained at ICE facilities. The decision to approve or deny requests ultimately falls under the purview of the Enforcement and Removal Operations Officer in Charge of the facility that a visitor wishes to enter.
As the number of assaults, disruptions, and obstructions to enforcement has increased, the guidance emphasizes the importance of obtaining approval from the Secretary of Homeland Security for any requests to tour processing centers and field offices. Requests for visits to detention facilities should be made with sufficient time to prevent interference with the President’s constitutional authority. Any request to shorten the time frame for approval must be approved by the Secretary to protect the President’s Article II authority.
Overall, the new DHS guidance aims to ensure that visits to federal immigration detention facilities are conducted in a safe, organized, and legally compliant manner. Members of Congress are encouraged to follow the guidelines outlined in the guidance to ensure a smooth and efficient visit to ICE facilities for oversight purposes.
