A memo released this month by Immigration and Customs Enforcement asks lawmakers to request visits to immigration field offices at least 72 hours in advance.
The guidance comes as several Democrats have recently denounced the federal agency for denying them access to ICE facilities, where illegal immigrants are being held.
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In the new memo, ICE says it retains the power to “deny a request or otherwise cancel, reschedule or terminate a tour or visit” by members of Congress or their staff under certain circumstances.
While congressmen are allowed to make unannounced oversight visits at immigration facilities that “detain or otherwise house aliens,” ICE differentiates its field offices from detention centers. Therefore, the field offices are not subject to the same requirements as detention centers.
Some immigrants have been held in ICE field offices for several days as their cases are being processed, prompting Democratic lawmakers to take action.
On Wednesday, Reps. Dan Goldman (D-NY) and Jerrold Nadler (D-NY) claimed they were denied access after they tried visiting an ICE field office on the 10th floor of an immigration court building in Manhattan. The two said they gave “advance notice” prior to their visit. However, based on the guidance, they presumably failed to do so within 72 hours.
Notably, Goldman and Nadler disagreed with ICE’s definition of a “detention center.”
Their comments came one day after New York City Comptroller and Democratic mayoral candidate Brad Lander was briefly arrested after allegedly assaulting an officer as he locked arms with a detained immigrant. Lander was released hours later.
ICE asks congressional staff to give a 24-hour notice for visits to its detention centers, while congressmen may show up unannounced.
“While Members of Congress are not required to provide advance notice for visits to ICE detention
facilities, ICE requires a minimum of 24 hours’ notice for visits by congressional staff,” the memo states.
Issued in February, the existing visitation guidance required that all requests be made at least 24 hours beforehand. The previous protocol made no mention of the 72-hour rule.
Approved visitors may not “enter, move about, or leave the facility” without an ICE escort nor “have any physical or verbal contact with any person in ICE detention facilities unless previously requested and specifically approved by ICE Headquarters,” the updated memo states. In the event of any violations, the visit may be terminated.
The federal immigration agency stressed it is complying with the law and doing its best to accommodate lawmakers’ requests.
“But exigent circumstances (e.g., operational conditions, security posture, etc.) may impact the time of entry into the facility,” it noted. “Regardless, Members must comply with entry requirements.”
Democrats are criticizing the new rule, with Rep. Bennie Thompson (D-MS) calling the policy a “smokescreen to deny Member visits to ICE offices,” which he claimed “are holding migrants — and sometimes even U.S. citizens — for days at a time.
“They are therefore detention facilities and are subject to oversight and inspection at any time,” he said. “DHS pretending otherwise is simply their latest lie.”
In addition to Goldman and Nadler, Reps. Raja Krishnamoorthi (D-IL) and Jonathan Jackson (D-IL) tried accessing an immigration processing center in Chicago twice this week but were denied entry. The Congress members said they wanted to confirm reports of inhumane conditions for detained immigrants, who are said to be cut off from their lawyers.
Meanwhile, Rep. LaMonica McIver (D-NJ) was denied entry into an ICE facility in Newark, New Jersey, last month. Her visit escalated when she clashed with officers outside the immigration detention center after Newark Mayor Ras Baraka was arrested. McIver faces a three-count indictment for allegedly assaulting officers.
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Baraka, McIver, and Lander are three of at least five elected officials who were arrested or otherwise restrained by law enforcement while protesting the Trump administration’s immigration policies.
The other two officials were Sen. Alex Padilla (D-CA), who recently interrupted Homeland Security Secretary Kristi Noem’s press briefing, and Milwaukee Judge Hannah Dugan, who was charged with obstructing immigration enforcement and concealing an immigrant from arrest.