Members of Congress Seek Court Order Allowing for Continued Oversight of ICE Detention Facilities

Washington, D.C. — Today, Assistant Democratic Leader Joe Neguse, Congressional Hispanic Caucus Chairman Adriano Espaillat, Ranking Member Bennie Thompson, Ranking Member Jamie Raskin, Ranking Member Robert Garcia, and the plaintiffs in Neguse et al. v. ICE et al. asked that the U.S. District Court for the District of Columbia enter an order requiring the Department of Homeland Security (DHS) and its Secretary Kristi Noem, as well as U.S. Immigration and Customs Enforcement (ICE) and its Acting Director Todd Lyons to comply with the federal law granting Members of Congress the right to visit immigration detention facilities without prior notice during the course of their lawsuit. This motion seeks immediate relief to prevent ongoing harm caused by the Trump-Vance administration’s new, unlawful policy that blocks Members of Congress from conducting critical congressional oversight.

At a time when the administration is detaining more individuals than ever before—over 58,000 people—and reports of mistreatment, overcrowding, unsanitary conditions, and the detention of U.S. citizens are growing, the need for real-time, on-the-ground oversight has never been more urgent. Today’s filing is part of the Members of Congress’ broader legal effort to hold the Department of Homeland Security (DHS) accountable for its flagrant defiance of federal law and constitutional order. 

In addition to the above representatives, the plaintiffs include House Homeland Security Committee Subcommittee on Border Security and Enforcement Ranking Member Rep. J. Luis Correa; Rep. Jason Crow; Rep. Veronica Escobar; Rep. Dan Goldman; Rep. Jimmy Gomez; Rep. Raul Ruiz; and Rep. Norma Torres.

“Blocking Members of Congress from oversight visits to ICE facilities that house or otherwise detain immigrants violates federal law, and the Trump administration knows it. Congressional oversight is critical to preventing abuse, protecting human rights, and ensuring transparency. We’ll continue to stand up for the rule of law,” said Assistant Democratic Leader Joe Neguse. 

“Today, we are filing a motion to immediately stop the Trump-Vance administration from unlawfully blocking Members of Congress from accessing immigration detention facilities,” said Congressional Hispanic Caucus Chair Rep. Adriano Espaillat. “This motion is about defending the legal right and constitutional duty of every Member of Congress to conduct oversight on behalf of the American people. If granted, the injunction will prevent this administration from obstructing lawful visits in the future. Oversight is not optional. It is a core function of our democracy and essential to ensuring accountability and protecting human rights.”

“The court order we seek is necessary so Congress can get back to conducting proper oversight of ICE. Unfortunately, the administration gave us no other choice. We need to be able to do the work our constituents elected us to do,” said Homeland Security Committee Ranking Member Rep. Bennie G. Thompson.

“Trump’s blockade of congressional oversight of America’s immigration detention facilities is illegal and dangerous. Today, we're filing a motion for a court order to stop this brazen defiance of the law,” said House Judiciary Committee Ranking Member Rep. Jamie Raskin. “If Donald Trump and Kristi Noem believe they can shut the doors on congressional oversight and operate their mass roundups and arrests without scrutiny from Congress or the American people, they are gravely mistaken. We’ll keep fighting in court until we are able to resume unannounced visits of ICE facilities as the law requires.” 

“The law is clear: Members of Congress have the right to inspect conditions at ICE facilities. We are working to expose wrongdoing and uphold the law. ICE is breaking the law to hide the facts from the American people,” said House Oversight and Government Reform Committee Ranking Member Rep. Robert Garcia. “It's time for the courts to end this illegal behavior, and let us do our jobs. We will have accountability.”

Read the motion HERE.

The congressional leaders are represented in this suit by Democracy Forward Foundation and American Oversight.

How did we get here?

Federal law (Sec. 527, FY2024 DHS Appropriations Act) allows Members of Congress to visit U.S. Immigration and Customs Enforcement (ICE) sites where noncitizens are detained without prior notice. But increasingly, these representatives have been stopped at the door.

In response to questions about this, ICE officials announced a new policy requiring a seven-day waiting period and preventing entry to ICE field offices. 

On July 30, a dozen individual Members of the U.S. House of Representatives sued the Trump–Vance administration, challenging the policy as an unlawful obstruction of congressional oversight.

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