The Department of Homeland Security (DHS) has issued new guidance requiring members of Congress to provide at least 72 hours’ advance notice before visiting Immigration and Customs Enforcement (ICE) detention facilities, amid increasing tensions over congressional oversight of immigration enforcement. The new rules, which add to existing requirements for staff to notify 24 hours in advance, come after several lawmakers have been denied access to facilities in New York and Illinois, with some facing legal consequences for trespassing.
The recent guidance, dated June 2024, clarifies that while members of Congress have the statutory right to conduct unannounced oversight visits to facilities housing immigration detainees, their ability to access ICE field offices or certain detention centers is more restricted. The document also explicitly states that while Congress may request to tour detention facilities, ICE retains sole discretion to approve or deny visits based on operational needs, security concerns, or other factors. This comes as Democratic lawmakers have repeatedly attempted to visit facilities across the country in recent months, often in response to Trump administration policies emphasizing deportation efforts and enhanced border security.
Rep. LaMonica McIver, a Democratic member of Congress from New Jersey, became a focal point when she, along with Newark Mayor Ras Baraka and two other lawmakers, was denied entry to a detention facility in May. The group’s attempt to enter the facility led to the mayor being arrested for trespassing, while McIver was charged with obstructing immigration officers. Subsequent efforts by Democratic officials to enter other ICE facilities have also faced resistance, with at least two separate visits being denied this week. These incidents have intensified scrutiny over how the Trump administration is managing access to its immigration enforcement operations and whether such visits are aligned with congressional oversight mandates.
The new guidance from DHS includes several key measures aimed at regulating how and when lawmakers can access detention facilities. This includes a ban on recording devices, limitations on how visitors can interact with detainees or officers, and the requirement that all visits must be approved by the facility’s Enforcement and Removal Operations (ERO) Officer in Charge (OIC). Additionally, for facilities that are not solely operated by ICE but still house immigration detainees, the guidance clarifies that only ICE personnel are authorized to conduct visits, and that such requests must follow the protocols of the operating entity, such as the Bureau of Prisons, which may require five to seven business days of notice for access.
DHS Assistant Secretary Tricia McLaughlin emphasized the importance of maintaining the President’s constitutional authority over executive department functions, stating that requests to visit detention facilities must be made with sufficient time to prevent interference with this power. She noted that any attempt to shorten the notice period would require approval from the Secretary of Homeland Security. ‘As ICE law enforcement have seen a surge in assaults, disruptions, and obstructions to enforcement, including by politicians themselves, any requests to tour processing centers and field offices must be approved by the Secretary,’ McLaughlin said in a statement to Fox News Digital.
The policy changes have sparked significant debate, particularly regarding the balance between congressional oversight and agency discretion. Legal experts are divided on whether these guidelines overstep the boundaries of established oversight mechanisms. At the same time, the guidance reflects an ongoing effort by the Trump administration to assert control over immigration processes, which includes not only the detention of immigrants but also the management of immigration facilities and the conduct of oversight visits by elected officials.