When Rep. Jason Crow tried to visit the privately-run immigration detention center in Aurora earlier this month, he came armed with a printout of the law that allows members of Congress to inspect immigration facilities without giving prior notice.
Now Crow is one of a dozen Democratic U.S. House members suing the Trump Administration over its policy of requiring advance notice for oversight visits.
“Congress makes the law of the land, not any president or this administration in particular. And the law is very clear that members of Congress have the right to conduct inspections and oversight visits unannounced,” Crow said in an interview this week.
The suit, which was filed in U.S. District Court in Washington D.C., argues the administration is ignoring the law by requiring a week’s notice before lawmakers or their staff can visit a detention center, and by blocking any congressional access to field offices.
Colorado Rep. Joe Neguse is the lead plaintiff. According to the complaint, he and two other Democratic House members tried to visit an ICE field office in Chantilly, Virginia, on July 21, because they had heard people were being detained there. ICE officials confirmed that it regularly housed people at the office while deciding where to send them, but denied the lawmakers entry.
“Representative Neguse intends to continue engaging in on-the-ground, real-time oversight of DHS facilities,” the lawsuit states. “Without obtaining necessary information through this oversight, Representative Neguse is less able to serve his constituents, to ensure that DHS and ICE are acting consistently with the law, and to craft relevant legislation and appropriations, including limits on such appropriations.”
In June, ICE issued new guidelines telling members of Congress to provide at least 72 hours' notice of a visit.
The guidance also stated that, while Congress can make unannounced oversight visits, ICE field offices “fall outside” of that provision and that ICE “retains the sole and unreviewable discretion to deny a request or otherwise cancel, reschedule or terminate a tour or visit” under certain circumstances.
A statement from DHS spokesperson Tricia McLaughlin accompanied the guidance, saying while Secretary Kristi Noem respects congressional oversight authority, members cannot break the law in the name of oversight. “They are not above the law. All members and staff need to comply with facility rules, procedures, and instructions from ICE personnel on site for their own safety, the safety of the detainees, and the safety of ICE employees.”
The guidelines, which are no longer on the department’s website, came out after high profile clashes between protesters, including Democratic officials, outside ICE offices around the country. One incident led to the arrests of New Jersey Rep. LaMonica McIver and Newark mayor Ras Baraka. Both were charged with federal crimes. Baraka’s were later dropped, and he is suing over the arrest. McIver’s trial is scheduled for November.
Crow dismissed the idea that Democrats are using their oversight powers to cause disruptions at ICE facilities.
“That's simply not what members of Congress are attempting to do, and certainly not those who have signed into this lawsuit,” he said. “We have a constitutional obligation to conduct oversight of federal facilities in our communities, and that is what we are endeavoring to do.”
The Aurora Democrat and his staff have conducted regular visits to the GEO facility since 2019 and have, he said, “a productive working relationship” with staff there. Crow said he’s used what he learns from these visits to advocate for better food and health care, as well as helped detainees access legal counsel.
