Twelve Democratic members of Congress have filed a federal lawsuit against the Trump administration, accusing it of blocking their legal right to inspect US Immigration and Customs Enforcement (ICE) detention facilities, even as detainees face allegedly unsafe and overcrowded conditions, according to a report published by The Associated Press Wednesday.
Lawsuit Aims to Protect Oversight Rights
The lawsuit, which was filed in a Washington, DC federal court on Wednesday, states that the Department of Homeland Security (DHS) and ICE are unlawfully obstructing congressional oversight, particularly against the backdrop of increasing ICE arrests and expanded immigration raids across the US.
By law, members of Congress are allowed to enter ICE detention centers without prior notice. But according to the lawsuit, ICE has recently enforced a new rule requiring a seven-day notice and has barred access to both detention centers and ICE field offices, as reported by The Associated Press.
The plaintiffs, including Reps. Veronica Escobar, Jason Crow, and Daniel Goldman say these new restrictions violate their statutory right to conduct oversight.
Lawmakers Denied Entry Without Explanation
The lawsuit highlights several recent instances where members were outright denied entry to the ICE centers. When Rep. Veronica Escobar (D-TX) attempted to visit the El Paso detention center on July 9, ICE staff told her they couldn’t accommodate her visit and insisted on seven days’ notice. She was allegedly blocked at the door.
Rep. Jason Crow (D-CO) was similarly turned away from the Aurora ICE facility on July 20. Rep. Daniel Goldman (D-NY) tried to visit the ICE New York Field Office in June but was reportedly told the facility didn’t qualify as a “detention center” despite holding people overnight without beds or showers.
Reps. Joe Neguse (D-CO), Bennie Thompson (D-MS), and Jamie Raskin (D-MD) faced similar rejection while trying to enter an ICE field office in Chantilly, Virginia, on July 21.
DHS Says ‘They Could Have Scheduled a Tour’
Tricia McLaughlin, DHS Assistant Secretary for Public Affairs, responded by saying, “These members of Congress could have just scheduled a tour; instead, they’re running to court to drive clicks and fundraising emails.”
She further said that tour requests should be made “with sufficient time to prevent interference with the President’s Article II authority… a week is sufficient.”
McLaughlin also cited a rise in “assaults, disruptions and obstructions” at ICE centers, insisting that any visits to field offices must now be approved by DHS Secretary Kristi Noem.
Lawmakers Say Oversight Is Non-Negotiable
Lawmakers argue that oversight is their constitutional duty, especially given recently emerging reports of alleged mistreatment, unsanitary conditions and overcrowding. “No child should be sleeping on concrete, and no sick person should be denied care, yet that’s exactly what we keep hearing is happening inside Trump’s detention centers,” Rep. Jimmy Gomez (D-CA) said, per AP. “This lawsuit is our message: We as Members of Congress will do our job, and we will not let these agencies operate in the shadows.”
The other Democratic plaintiffs include Reps. Norma Torres, Raul Ruiz, Jimmy Gomez, Jose Luis Correa, Robert Garcia (all CA), and Adriano Espaillat (NY).
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