WASHINGTON — A dozen Democratic House members — including four from California — sued the Trump administration Wednesday after lawmakers were repeatedly denied access to immigrant detention facilities where they sought to conduct oversight visits.
The lawsuit, filed in federal district court in Washington, says each plaintiff has attempted to visit a detention facility, either by showing up in person or by giving Homeland Security Department officials advanced notice, and been unlawfully blocked from entering.
Tricia McLaughlin, assistant secretary for Homeland Security, said in a statement that visit requests should be made with enough time to prevent interference with the president’s authority to oversee executive department functions, and must be approved by Homeland Security Secretary Kristi Noem. McLaughlin said a week’s notice suffices.
“These Members of Congress could have just scheduled a tour; instead, they’re running to court to drive clicks and fundraising emails,” she wrote.
Among the plaintiffs are California Reps. Norma Torres of Pomona, Robert Garcia of Long Beach, who is the ranking member of the House Oversight and Government Reform Committee, Jimmy Gomez of Los Angeles, and Lou Correa of Santa Ana, the ranking member of the House Homeland Security Subcommittee on Border Security and Enforcement.
Also included are Reps. Adriano Espaillat of New York, who is the chair of the Congressional Hispanic Caucus; Bennie Thompson of Mississippi, who is the ranking member of the Homeland Security Committee; and Jamie Raskin, of Maryland, who is the ranking member of the Judiciary Committee.
In an interview with The Times, Gomez said there was always an understanding between the executive and legislative branches about the importance of oversight. Under the Trump administration, that has changed, he said.
“We believe this administration, unless they’re faced with a lawsuit, they don’t comply with the law,” he said. “This administration believes it has no obligation to Congress, even if it’s printed in black and white. That’s what makes this administration dangerous.”
In a statement, Correa said that, as a longtime member of the House Homeland Security Committee, his job has always been to oversee Immigration and Customs Enforcement. Until this summer, he said, he fulfilled that role with no issues.
Reports from immigrant detention facilities in recent months have included issues such as overcrowding, food shortages and a lack of medical care. U.S. citizens have in some cases been unlawfully detained by immigration agents.
The lawsuit demands that the Trump administration comply with federal law, which guarantees members of Congress the right to conduct oversight visits anywhere that immigrants are detained pending deportation proceedings. The lawmakers are represented by the Democracy Forward Foundation and American Oversight.
ICE published new guidelines last month for members of Congress and their staff, requesting at least 72 hours notice from lawmakers and requiring at least 24 hours notice from staff before an oversight visit. The guidelines, which have since been taken down from ICE’s website, also claimed that field offices, such as the facility at the Roybal Federal Building in downtown Los Angeles, “are not detention facilities” and fall outside the scope of the oversight law.
The agency says it has discretion to deny or reschedule a visit if an emergency arises or the safety of the facility is jeopardized, though such contingencies are not mentioned in federal law.
The lawsuit calls ICE’s new policy unlawful.
A federal statute, detailed in yearly appropriations packages since 2020, states that funds may not be used to prevent a member of Congress “from entering, for the purpose of conducting oversight, any facility operated by or for the Department of Homeland Security used to detain or otherwise house aliens.”
Under the statute, federal officials may require at least 24 hours’ notice for a visit by congressional staff — but not members themselves.
The lawmakers say congressional oversight is needed now more than ever, with ICE holding more than 56,800 people in detention as of July 13, according to TRAC, a nonpartisan data research organization.
Ten people have died in ICE custody since Trump took office. Earlier this year, the administration moved to close three internal oversight bodies at Homeland Security, but revived them with minimal staff after civil rights groups sued.
Gomez said members of Congress have a duty to determine whether the administration is fulfilling its obligations to taxpayers under the law. The administration’s position that holding facilities inside ICE offices are not subject to oversight is a slippery slope, he said.
“What happens if they set up a camp and they say ‘This is not a detention facility but a holding center?’ For us it’s that, if they are willing to violate the law for these facilities, the potential for the future becomes more problematic,” he said.
