DHS Imposes New Restrictions on Lawmakers' Visits to ICE Facilities

The Department of Homeland Security (DHS) has established new rules for lawmaker visits to U.S. Immigration and Customs Enforcement (ICE) detention centers, according to recent guidance issued by the agency.

These measures seek to regulate access by members of Congress to ICE facilities amid tensions following recent contentious visits by Democratic lawmakers.

While members of Congress have the legal right to make unannounced visits to ICE detention centers, the new guidance calls for lawmakers to give 72 hours' notice prior to any visit, while their staff must give 24 hours' notice.

In addition, the policy prohibits lawmakers from visiting ICE field offices, where most of the agency's operations are conducted, even if the visits are scheduled in advance.

The guidance also introduces other significant restrictions. It stipulates that the size of visiting groups or the itinerary can be modified to minimize "operational impacts," and smaller facilities could further limit the number of people on visits.

In addition, lawmakers also must provide 48-hour advance notice of the names of detainees with whom they wish to speak by providing valid, signed privacy authorizations. Without these authorizations, ICE will not facilitate meetings with detainees. The policy also prohibits taking photographs or videos inside the facility.

For his part, Representative Bennie Thompson (D-Mississippi) sharply criticized the new policy, calling it "unprecedented" and an “affront to the Constitution and federal law."

Incidents involving Democrats

One incident occurred when three New Jersey Democrats, along with Newark Mayor Ras Baraka, broke into the Delaney Hall detention center. Baraka was arrested for trespassing, although the charges were quickly dropped.

Rep. LaMonica McIver (D-N.J.) faces charges for allegedly assaulting law enforcement officers during the incident, with a possible sentence of up to 17 years in prison if convicted.

In another case, Senator Alex Padilla (D-Calif.) was handcuffed after interrupting without identifying himself at a press conference by DHS Secretary Kristi Noem in Los Angeles related to protests against ICE.