ICE’s New Rules: A Threat to Congressional Oversight

By Darius Spearman (africanelements)

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New Rules Challenge Oversight Rights

The Department of Homeland Security (DHS) has introduced new rules that significantly restrict how Members of Congress can visit and inspect immigration detention facilities. These guidelines, issued by U.S. Immigration and Customs Enforcement (ICE), demand that lawmakers provide 72 hours’ notice before any visit to an ICE facility (Experts Sound The Alarm On New Rules For ICE Detention Center Visits). Furthermore, ICE now claims the power to deny or reschedule visits based on “operational concerns” or perceived safety risks (Experts Sound The Alarm On New Rules For ICE Detention Center Visits).

This new policy marks a significant departure from established federal law. Federal law explicitly grants Members of Congress the legal right to conduct unannounced oversight visits to immigration facilities (Experts Sound The Alarm On New Rules For ICE Detention Center Visits). It does not require prior notice for Members of Congress themselves (Experts Sound The Alarm On New Rules For ICE Detention Center Visits). Section 527(a) of the Further Consolidated Appropriations Act, 2024, specifically prohibits DHS from denying Members of Congress access to any DHS detention facility without requiring prior notice (gomez.house.gov). This statute, detailed in yearly appropriations packages since 2020, clearly states that funds cannot be used to prevent a Member of Congress from entering a facility for oversight purposes (yahoo.com). The law also specifies that nothing in it should be interpreted to require a Member of Congress to provide prior notice (yahoo.com). While the law allows for a 24-hour notice requirement for congressional staff, ICE’s new guidelines contradict this by requesting 72 hours’ notice from lawmakers (yahoo.com).

The “Field Office” Justification

ICE is attempting to create a distinction between “detention facilities” and “field offices” to justify denying access to certain locations. An ICE official reportedly told Representative Jimmy Gomez that the oversight law does not apply to the downtown Los Angeles facility because it is considered a field office, not a detention facility (yahoo.com). This interpretation is a point of contention and is challenged by lawmakers.

Representative Bennie Thompson called this policy a “smokescreen” designed to prevent Member visits to ICE offices that hold migrants and even U.S. citizens for days at a time (Experts Sound The Alarm On New Rules For ICE Detention Center Visits). He emphasized that these locations are subject to oversight and inspection at any time (Experts Sound The Alarm On New Rules For ICE Detention Center Visits). Representative Gomez further highlighted the inconsistency by pointing out that the facility in question has signage reading “Metropolitan Detention Center,” directly contradicting ICE’s claim that it is merely a processing center (Experts Sound The Alarm On New Rules For ICE Detention Center Visits). Congresswoman Luz Rivas also stated that DHS and ICE personnel violated federal law by denying unannounced oversight visits to facilities operated by or for DHS (ladowntownnews.com).

Denied Access and Chemical Agents

The consequences of these access restrictions have already been felt. On June 7, 2025, Congresswoman Norma Torres and other Members of Congress were denied entry to the Roybal Federal Building in Los Angeles during an oversight visit (torres.house.gov). During this attempted visit, ICE personnel prevented Members from touring the facility (rivas.house.gov). They told lawmakers to return during “business hours” (ladowntownnews.com). Congresswoman Luz Rivas observed ICE personnel loading detainees into vans, seemingly trying to hide them (ladowntownnews.com). They also deliberately made noise to prevent immigrants from hearing advocates (ladowntownnews.com). Representative Jimmy Gomez was also illegally denied entry to an ICE facility in Los Angeles (gomez.house.gov).

In a deeply concerning incident during the denied oversight visit, ICE personnel deployed chemical agents (Experts Sound The Alarm On New Rules For ICE Detention Center Visits). This action caused harm to Congresswoman Torres, who required emergency medical attention and ongoing medication for respiratory issues (Experts Sound The Alarm On New Rules For ICE Detention Center Visits). The delegation included Members of Congress, legal counsel, staff, media, and immigrant rights advocates (torres.house.gov). Congresswoman Torres highlighted ICE’s false claim that over 1,000 protesters were present (torres.house.gov). She believes this claim was deliberately used to justify the unwarranted deployment of chemical agents against the peaceful delegation (torres.house.gov). Congresswoman Luz Rivas witnessed ICE personnel spraying air irritants, causing Members of Congress and others to cough uncontrollably (rivas.house.gov). While ICE guidelines mention discretion to deny visits due to emergencies or jeopardized safety, the specific criteria for “operational concerns” or “safety risks” remain undefined (yahoo.com).

Silencing Oversight: Restrictions on Detainee Interaction

The new ICE policy also includes a troubling restriction: it prohibits any verbal or physical interaction between visitors and detainees without prior approval (Experts Sound The Alarm On New Rules For ICE Detention Center Visits). Violations of this rule could lead to tours being cut short or canceled altogether (Experts Sound The Alarm On New Rules For ICE Detention Center Visits). This restriction severely limits the ability of Members of Congress to conduct thorough oversight and gather firsthand information from detainees (Experts Sound The Alarm On New Rules For ICE Detention Center Visits).

The denial of access directly impacts the ability to assess the conditions and rights of detainees. Lawmakers have raised urgent concerns about reports of asylum seekers and families being held in basement holding cells for extended periods without basic necessities like food, water, or sunlight (gomez.house.gov). The inability to conduct walkthroughs and interview detainees prevents direct oversight and verification of these conditions (gomez.house.gov). This hindrance potentially undermines the protection of detainees’ rights (rivas.house.gov).

The Fight for Accountability

Members of Congress are not standing idly by in the face of these unlawful denials of access. They are actively considering legislative and legal remedies to address the situation (Experts Sound The Alarm On New Rules For ICE Detention Center Visits). Representative Gomez suggested that federal officials should face fines each time they deny oversight access to Members of Congress (Experts Sound The Alarm On New Rules For ICE Detention Center Visits). He also indicated that legal action is being explored to compel access (Experts Sound The Alarm On New Rules For ICE Detention Center Visits).

Lawmakers are demanding accountability and disciplinary action for those responsible for breaking the law (rivas.house.gov). Representative Gomez is demanding a written explanation of who authorized the illegal denial of entry and why (gomez.house.gov). He also seeks full compliance with oversight laws at all DHS facilities nationwide (gomez.house.gov). Congresswoman Torres condemned ICE’s unlawful obstruction of Congressional access as a serious breach of transparency and accountability (torres.house.gov). The current situation highlights a lack of clear, immediate enforcement mechanisms, prompting calls for disciplinary action against those responsible (rivas.house.gov).

Glimpses of Reality: Conditions and the Path Forward

Despite the access restrictions, some lawmakers have managed to gain entry and report on conditions within ICE facilities. Representative Pete Aguilar and other California Democrats were granted entry to the Adelanto ICE Processing Facility (Experts Sound The Alarm On New Rules For ICE Detention Center Visits). There, they found “inhumane conditions,” including inadequate food, poor hygiene, and a lack of access to legal representation (Experts Sound The Alarm On New Rules For ICE Detention Center Visits). These reports underscore the critical importance of unhindered oversight

ABOUT THE AUTHOR

Darius Spearman has been a professor of Black Studies at San Diego City College since 2007. He is the author of several books, including Between The Color Lines: A History of African Americans on the California Frontier Through 1890. You can visit Darius online at africanelements.org.