WASHINGTON — A dozen House Democrats are suing the Trump administration after being denied access to local immigration detention centers, accusing officials of preventing lawmakers from conducting their congressional duties.
The lawmakers filed the joint lawsuit on Wednesday, claiming the administration has engaged in “unlawful obstruction” to obtain information about detention sites and oversee federal compliance with immigration policies. The lawsuit names the Department of Homeland Security, U.S. Immigration and Customs Enforcement, DHS Secretary Kristi Noem and ICE acting director Todd Lyons as the defendants.
“By denying Plaintiffs’ attempts to obtain information through in-person oversight visits to DHS facilities, Defendants have acted … contrary to law, in excess of statutory authority, and in an arbitrary and capricious manner,” the lawsuit states. “These illegal actions have harmed each Plaintiff’s right as an individual member of Congress to conduct oversight and obtain information about DHS facilities and the conditions of immigration detention.”
Twelve House Democrats signed on to the lawsuit, each of whom say they have been blocked from accessing local immigration detainment centers in their home states. The lawmakers listed on the lawsuit include Reps. Jason Crow, D-Colo., Joe Neguse, D-Colo., Jamie Raskin, D-Md., Bennie Thompson, D-Miss., Veronica Escobar, D-Texas, Dan Goldman, D-N.Y., Adriano Espaillat, D-N.Y., Jimmy Gomez, D-Calif., Norma Torres, D-Calif., Raul Ruiz, D-Calif., Robert Garcia, D-Calif., and Lou Correa, D-Calif.
The lawsuit claims the Trump administration has implemented a new policy to block members from accessing facilities to gather information, which the lawmakers say runs afoul of federal law. Under new policies, those who wish to visit are subject to a seven-day waiting period and are not permitted to access field offices where individuals are being held.
In their argument, the lawsuit cites federal law granting members of Congress the authority to conduct investigations “in order to evaluate the effectiveness of current laws,” which the lawmakers say justify their visits to the facilities. The suit also points to recent legislation establishing the right of lawmakers to visit DHS facilities that detain or house individuals — and that those visits “must not be required to provide advance notice.”
“Oversight is a fundamental responsibility of Congress. Under law, Members of Congress have the right to do unannounced oversight visits of federal immigration detention facilities,” Crow said in a statement. “Since President Trump was elected, this administration has denied Members of Congress access to immigration detention facilities and tried to intimidate us from doing our jobs.”
The Department of Homeland Security defended its actions in a statement to the Deseret News, arguing a seven-day advance notice was “sufficient to ensure no intrusion on the President’s constitutional authority.”
“These Members of Congress could have just scheduled a tour; instead, they’re running to court to drive clicks and fundraising emails,” DHS Assistant Secretary Tricia McLaughlin said in a statement. “As ICE law enforcement have seen a surge in assaults, disruptions, and obstructions to enforcement — including by Member of Congress themselves — any requests to tour processing centers and field offices must be approved by the Secretary of Homeland Security. These requests must be part of legitimate congressional oversight activities."
The lawsuit would force the administration to comply with the federal law granting access without prior notice.
Democrats said they have been blocked for months from visiting facilities, with the most recent incident occurring on Monday in Baltimore, Maryland. Six House members said they were denied entry by an ICE official who said the building was an office not a detention center, arguing they did not have authority.
House Minority Leader Hakeem Jeffries, D-N.Y., praised the lawsuit, calling it a historic effort to uncover “potential abuses in our immigration detention system.”
“ICE and DHS have repeatedly and illegally arrested and detained American citizens and lawful permanent residents without due process,” Jeffries said in a statement. “This is an all-hands-on-deck effort, and I thank my colleagues for their leadership in bringing this groundbreaking lawsuit forward.”