Trump administration policy blocked that limited congressional visits to ICE facilities
Trump administration policy blocked that limited congressional visits to ICE facilities
Ariana Figueroa
Colorado’s Joe Neguse and Jason Crow among members of Congress who sued over policy
(Colorado Newsline)
A federal judge Wednesday blocked a policy from the Department of Homeland Security, finding that it violated an appropriations law that allows members of Congress to make unannounced oversight visits to federal facilities that detain immigrants.
Judge Jia Cobb rejected the Trump administration’s argument that the new policy doesn’t prevent members of Congress from entering a DHS facility that detains immigrants.
“The notice requirement as implemented by ICE officials does just that: it stops visiting Members of Congress from entering a facility unless they have provided seven days of advance notice,” she wrote in her opinion.
The stay on the DHS policy from Cobb is temporary, while the case proceeds.
This year, DHS created the new policy to require lawmakers to give the agency seven days’ notice, plus approval from an agency official, before visiting a facility where immigrants are detained.
In July, 12 members of Congress sued, arguing that DHS overreached its authority in creating the policy and that it violated a 2019 appropriations law, referred to as Section 527.
“The Court thus finds that Plaintiffs are likely to succeed on their claim that Section 527 funds are being used to implement a seven-day notice requirement for Members of Congress seeking to enter ICE detention facilities, and that the notice requirement is contrary to law and in excess of DHS’s statutory authority,” Cobb wrote.
As the Trump administration continues with its aggressive immigration crackdown, the number of immigrants held in detention has ballooned. One of the few tools Democrats have, as the minority party, is oversight of U.S. Immigration and Customs Enforcement facilities.
The suit in the District Court for the District of Columbia charged that the Trump administration overreached its authority in creating the policy.
Those Democrats who sued include: Joe Neguse of Colorado, Adriano Espaillat of New York, Jamie Raskin of Maryland, Robert Garcia of California, J. Luis Correa of California, Jason Crow of Colorado, Veronica Escobar of Texas, Dan Goldman of New York, Jimmy Gomez of California, Raul Ruiz of California, Bennie Thompson of Mississippi and Norma Torres of California.
In a statement, lawmakers praised the decision.
“It reinforces the rule of law and reminds the administration that oversight is not optional,” they said. “Real-time, on-the-ground visits to immigration detention facilities help prevent abuses and ensure transparency. Oversight is a core responsibility of Members of Congress—and a constitutional duty we do not take lightly.”
Democrats created the policy that allows members of Congress to show up unannounced at DHS facilities that detain immigrants, including ICE field offices, after the first Trump administration’s practice of separating children from their parents at the southern border in 2018.
At that time, Democrats were unable to conduct interviews with separated immigrant families and often denied entry into DHS facilities, so lawmakers included the provision in the fiscal year 2019 appropriations law.
The provision was later expanded to include all immigrants detained at DHS facilities, not just children, and allowed for unannounced visits by members and the inclusion of congressional staff to enter with their members during oversight visits.
