DHS May Reinstate Notification Requirement for Congressional Visits to ICE Facilities

The Department of Homeland Security (DHS) indicated in court on Friday that it might reintroduce a ban on unannounced visits by Congress members to Immigration and Customs Enforcement (ICE) detention centers when the current funding limits lapse.

In a letter to a federal court in Washington, D.C., government attorneys stated there was “no legal basis” for ongoing court restrictions on this policy. They argued that the partial shutdown of the government opens the door for DHS to enforce its rules. This has been a contentious issue, especially as Democratic lawmakers, like Congressman Jamie Raskin from Maryland, have made surprise visits to facilities, using these opportunities to raise concerns about overcrowding and conditions.

Back in the summer, thirteen House Democrats initiated a lawsuit against DHS after a new policy was enacted requiring a seven-day notice for visits to ICE facilities. The plaintiffs included prominent figures like Raskin, Rep. Joe Neguse from Colorado, and Rep. Dan Goldman from New York. They contended that legislation passed since 2019 empowers Congress to perform direct oversight of immigration detention centers.

Government lawyers maintained that the court shouldn’t engage in what amounts to legislative disputes and explained that the notice period allows ICE to prepare adequately for Congressional visits. They emphasized the need for safety and security, suggesting their protocols serve both the interests of lawmakers and operational standards for ICE.

Judge Gia Cobb has twice blocked DHS from implementing this rule. In her recent ruling, she remarked that the policy appeared to violate existing funding approvals and caused significant harm by limiting Congressional oversight at a time when immigration practices are especially controversial.

A partial government shutdown affecting DHS funding commenced over the weekend, following conflicts between Democrats advocating for immigration reform and Republicans resisting various proposals. The uncertainty around funding means many essential DHS employees will have to work without compensation.

As of now, Cobb did not acknowledge DHS’s recent indication of returning to a seven-day notice requirement for visits.