WASHINGTON — A dozen Democratic House members — including four from California — sued the Trump administration Wednesday after lawmakers were repeatedly denied access to immigrant detention facilities where they sought to conduct oversight visits.
The lawsuit, filed in federal district court in Washington, D.C., says each plaintiff has attempted to visit a detention facility, either by showing up in person or by giving Homeland Security officials advanced notice, and been unlawfully blocked from entering.
Tricia McLaughlin, assistant secretary for the Department of Homeland Security, said in a statement that visit requests should be made with enough time to prevent interference with the president’s authority to oversee executive department functions, and must be approved by the Homeland Security Secretary Kristi Noem. McLaughlin said a week’s notice suffices.
“These Members of Congress could have just scheduled a tour; instead, they’re running to court to drive clicks and fundraising emails,” she wrote.
Among the plaintiffs are California Reps. Norma Torres of Pomona, Robert Garcia of Long Beach, who is ranking member of the House Oversight and Government Reform Committee, Jimmy Gomez of Los Angeles, and Luis Correa of Santa Ana, is ranking member of the House Homeland Security Subcommittee on Border Security and Enforcement.
Also included are Reps. Adriano Espaillat of New York, who is chair of the Congressional Hispanic Caucus; Bennie G. Thompson of Mississippi, who is ranking member of the Homeland Security Committee; and Jamie Raskin, of Maryland, who is ranking member of the Judiciary Committee.
“No child should be sleeping on concrete, and no sick person should be denied care, yet that’s exactly what we keep hearing is happening inside Trump’s detention centers, including the one in my own district that set off national outrage and protests across the country,” Gomez wrote in a statement. “I’ve tried repeatedly to get inside and conduct oversight, only to be turned away.”
Correa added that, as a longtime member of the House Homeland Security Committee, his job has always been to oversee Immigration and Customs Enforcement. Until this summer, he said, he fulfilled that role with no issues.
Reports from immigrant detention facilities in recent months have included issues such as overcrowding, food shortages and lack of medical care. U.S. citizens have in some cases been unlawfully detained by immigration agents.
The lawsuit demands that the Trump administration comply with federal law, which guarantees members of Congress the right to conduct oversight visits anywhere that immigrants are detained pending deportation proceedings. The lawmakers are represented by the Democracy Forward Foundation and American Oversight.
ICE published new guidelines last month for members of Congress and their staff, requesting at least 72 hours notice from lawmakers and requiring at least 24 hours notice from staff before an oversight visit. The guidelines, which have since been taken down from ICE’s website, also claimed that field offices, such as the facility at the Roybal Federal Building in downtown Los Angeles, “are not detention facilities” and fall outside the scope of the oversight law.
The agency says it has discretion to deny or reschedule a visit if an emergency arises or the safety of the facility is jeopardized, though such contingencies are not mentioned in federal law.
The lawsuit calls ICE’s new policy unlawful.
A federal statute, detailed in yearly appropriations packages since 2020, states that funds may not be used to prevent a member of Congress “from entering, for the purpose of conducting oversight, any facility operated by or for the Department of Homeland Security used to detain or otherwise house aliens …”
Under the statute, federal officials may require at least 24 hours notice for a visit by congressional staff — but not members themselves.
The lawmakers say congressional oversight is needed now more than ever, with ICE holding more than 56,800 people in detention as of July 13, according to TRAC, a nonpartisan data research organization.
Ten people have died in ICE custody since Trump took office. Earlier this year, the administration moved to close three internal oversight bodies at the Department of Homeland Security, but revived them with minimal staff after civil rights groups sued.
In his statement, Gomez said ICE is not just blocking lawmakers, but also blocking Americans from learning how their government is treating people with their tax dollars.
“This lawsuit is our message: We as Members of Congress will do our job, and we will not let these agencies operate in the shadows,” he wrote.
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