A dozen members of the U.S. House of Representatives filed a lawsuit against Department of Homeland Security head Kristi Noem on Wednesday, saying their rights to visit U.S. Immigration and Customs Enforcement had been violated.
In the lawsuit, the plaintiffs — all House Democrats — argue that the Trump administration is illegally barring them from carrying out their oversight role. The plaintiffs allege that the Trump administration has instituted a seven-day waiting period and prohibited access to field offices where people are being detained.
Federal law prohibits the Department of Homeland Security from denying members of Congress entry to DHS facilities “for the purpose of conducting oversight” in “any facility operated by or for the Department of Homeland Security used to detain or otherwise house aliens.”
“The obstruction of Congressional oversight is not just an affront to the Constitution—it’s a threat to our democracy,” Rep. Adriano Espaillat, D-N.Y., shared in a statement. “We will not stand by as due process, human dignity, and transparency are trampled. We demand access and accountability, and will pursue every legal and legislative tool available to hold this administration accountable.”
According to the complaint, each of the representatives has attempted to visit DHS facilities for oversight visits, but all have been barred from entry. Rep. Dan Goldman, D-N.Y., who joined the suit, was denied entry into an ICE facility in New York City in June.
“These harms are significant, irreparable, and ongoing as long as Defendants continue to block such visits pursuant to their unlawful policy,” the lawsuit reads.
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“As a Member of Congress, I have a legal and moral obligation to conduct oversight—and I will not stand by while people in our community are locked away in facilities that may be violating their rights. I will continue to press for full access to these facilities and demand accountability from those responsible for their operation. No one is above the law—not even ICE,” said Rep. Norma Torres, D-Calif.
Trump’s recently passed spending package allocates $45 billion toward expanding ICE’s detention capabilities over the next four years. According to the Deportation Data Project, about 55,000 people were in ICE detention centers in late June.
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