Federal judge blocks ICE policy on lawmaker visits

By Chris Wade
The Center Square

Members of Congress will be allowed to visit ICE facilities without notice and may inspect migrant detention areas under a new ruling by a federal court judge.

On Wednesday, U.S. District Court judge Jia Cobb ordered the Trump administration to rescind a July policy requiring members of Congress to give a week’s notice before they conduct official “oversight inspections” of U.S. Immigration and Customs Enforcement detention centers.

In the ruling, Cobb said the ICE policy had resulted in lawmakers being “barred from entering facilities” to which they are entitled access under federal law, saying the restrictions have caused “tangible harm” that interferes with Congress’ role in providing oversight of immigration operations. Before that policy, ICE had allowed members of Congress to visit ICE facilities without prior notice.

“Contrary to Defendants’ suggestion, [federal law] does entitle Members of Congress to access ICE facilities without being subject to a notice requirement,” Cobb, a Biden appointee, wrote in the 42-page ruling.

The order comes in response to a lawsuit filed against the Trump administration by New York congressman Dan Goldman and other Democrats, who claim they were barred from entering rooms where migrants awaiting deportation were being held during previous visits to an ICE facility in lower Manhattan.

Under federal law, members of Congress can make unannounced “oversight” visits to immigration facilities that “detain” immigrants. A policy set by the Department of Homeland Security in June requires lawmakers and their staff to request a visit at least 7 days in advance. The press and public are not allowed on those visits.

But lawmakers claim they have been denied access to ICE facilities as they try to conduct oversight visits, and some have been involved in high-profile clashes with immigration officials.

In June, the Justice Department charged Democratic Rep. LaMonica McIver of New Jersey with assaulting law enforcement agents during a clash at an ICE detention facility in Newark. McIver has denied the allegations and called the charges “politically motivated.”

The ICE facility at 26 Federal Plaza has become ground zero in Massachusetts Democrats’ push against what they say is unlawful overreach by federal immigration agents. It’s one of 25 ICE Enforcement and Removal Operation facilities across the country. Goldman and other Democrats have regularly held press briefings outside the building to criticize ICE enforcement tactics.

In a statement. Goldman praised the judge’s ruling vindicated claims by lawmakers’ that they have “statutory right to conduct oversight” inspections of the ICE detention centers.

“For months, masked, unidentified ICE agents have detained law-abiding immigrants in inhumane and unconstitutional conditions, while DHS has repeatedly and unlawfully blocked me and other Members of Congress from inspecting these facilities,” Goldman said.

There was no immediate response to the ruling from the Department of Homeland Security, which has previously defended limitations on visits to ICE facilities by congressional lawmakers.

Goldman, an attorney who served as lead counsel in the first impeachment of former President Donald Trump, has previously drawn criticism after calling on the NYPD to arrest and prosecute ICE agents who engage in “unlawful actions” during federal immigration crackdowns in the city.