House Democrats Sue ICE Over Detention Facility Access Restrictions

Twelve Democratic House members filed a lawsuit against the Immigration and Customs Enforcement (ICE) agency on Wednesday, challenging restrictions on congressional oversight visits to immigrant detention facilities. The plaintiffs, including four California representatives, allege they have been unlawfully denied access to detention centers despite federal law guaranteeing congressional oversight rights. The lawsuit was filed in Washington federal district court and seeks to enforce compliance with existing statutes.

The Department of Homeland Security has implemented policies requiring advance notice for facility visits, with Assistant Secretary Tricia McLaughlin stating that requests should provide sufficient time to prevent interference with executive functions. Current guidelines request at least 72 hours notice from lawmakers and 24 hours from staff members. ICE has also classified certain facilities, such as field offices, as outside the scope of the oversight law, a position the lawsuit specifically challenges as unlawful.

The plaintiffs include Representatives Norma Torres, Robert Garcia, Jimmy Gomez, and Lou Correa from California, alongside other prominent Democratic lawmakers who hold ranking positions on relevant committees. Representative Gomez stated that congressional oversight is particularly important now, with ICE reportedly holding over 56,800 people in detention as of mid-July according to data from TRAC, a nonpartisan research organization. The lawsuit notes that ten individuals have died in ICE custody since President Trump took office in January 2025.

At issue is a federal statute included in appropriations packages since 2020 that prohibits funds from being used to prevent members of Congress from entering facilities operated by or for the Department of Homeland Security that house immigrants. While the law permits requiring 24 hours' notice for congressional staff visits, it does not establish such requirements for members of Congress themselves. Reports from detention facilities have included concerns about overcrowding, food shortages, and inadequate medical care.

The legal challenge comes after the Trump administration briefly moved to close three internal oversight bodies at the Department of Homeland Security earlier this year before reinstating them with reduced staffing following legal action by civil rights organizations. The Democratic lawmakers are represented in their suit by the Democracy Forward Foundation and American Oversight, non-governmental organizations focused on government accountability.