DHS Releases New Guidance for Congressional Visits to Federal Immigration Detention Facilities

Strategic Insights -

As tensions rise over immigration and border control, members of Congress have been visiting federal immigration facilities, with some being denied entry, amidst the Trump administration's efforts to tighten border security and deport illegal immigrants. The Department of Homeland Security (DHS) has released new guidance for members of Congress wishing to visit federal immigration detention facilities, which includes requirements for advance notice and restrictions on recording devices.

Key Takeaways:

  • Members of Congress must notify the agency at least 72 hours ahead of time to visit an ICE facility, in addition to existing requirements that compel House or Senate staffers to provide 24-hour notice in advance of their visits.
  • The guidance clarifies that ICE field offices "fall outside" of the statutory authority that grants members of Congress the right to make unannounced visits to ICE detention facilities for oversight purposes.
  • ICE retains the sole and unreviewable discretion to deny a request or cancel, reschedule, or terminate a tour or visit if facility management or other ICE officials deem it appropriate to do so.
  • The guidance prohibits recording devices from being brought into federal detention facilities and sets out parameters for how visitors can and cannot interact with persons detained at ICE facilities and with ICE officers themselves.
  • Requests to tour processing centers and field offices must be approved by the Secretary of Homeland Security, and any requests to shorten the advance notice period must be approved by the Secretary.
  • The new guidance applies to visits by members of Congress and their staff to facilities that house immigrant detainees, but are not solely an ICE or DHS facility.
  • The decision to approve or deny requests ultimately falls under the purview of the Enforcement and Removal Operations (ERO) Officer in Charge (OIC) of the facility that a visitor wishes to enter.

Statistics:

  • 72 hours: The advance notice period required for members of Congress wishing to visit an ICE facility, in addition to existing requirements for 24-hour notice.
  • 2: At least two separate efforts to enter ICE facilities by a group of Democratic officials were denied this week.
  • 5-7 business days: The typical advance notice period required for members of Congress or their staff to enter Bureau of Prisons-owned (BOP) facilities that hold immigration detainees.

Sources:

  • Department of Homeland Security (2023)
  • Fox News Digital (2023)
  • ICE (2023)