The Department of Homeland Security (DHS) has issued updated guidelines regulating congressional access to U.S. Immigration and Customs Enforcement (ICE) facilities. Under the new policy, congressional staff must provide at least 24 hours’ notice before visiting ICE detention centers. Access to ICE field offices, however, requires at least 72 hours’ advance notice and prior approval, as these locations are not considered subject to congressional oversight protections under Section 527 of the FY2024 Consolidated Appropriations Act. Although Section 527 allows lawmakers to visit detention facilities without prior notice, DHS retains the authority to deny entry under “exigent circumstances” involving security or operational concerns. The policy distinguishes between detention facilities and field offices, noting that the latter are only used for processing and thus are not covered by Section 527.
The new rules come in response to recent high-profile visits to ICE facilities by Democratic lawmakers. In May, a group including Rep. LaMonica McIver (D-N.J.), Newark Mayor Ras Baraka, and protesters allegedly forced entry into an ICE detention center in Newark. DHS officials described the event as a public safety threat. McIver defended the visit as part of her lawful oversight duties but now faces federal charges, including assault, after video footage showed her allegedly pushing ICE agents. The revised guidelines aim to manage access while balancing legislative oversight with security concerns at ICE facilities.
