DHS Sets New Rules for Congress Visiting ICE Detention Centers Amid Deportation Push

The Department of Homeland Security (DHS) has rolled out new rules for members of Congress itching to visit Immigration and Customs Enforcement (ICE) detention facilities. This comes as some Democratic lawmakers, eager to flex their oversight muscles, have been turned away at facilities in places like New York and Illinois, amid the Trump administration’s hardline push on deportations.

The new guidance, issued this month, demands that lawmakers give ICE a 72-hour heads-up before showing up, on top of existing 24-hour notice requirements for their staff. It’s a procedural hoop that seems designed to keep things orderly—or, depending on your view, to slow down the congressional cavalry. The rules also make it clear that ICE can slam the door shut on any visit if they deem it necessary, citing operational or security concerns.

Recent incidents have spotlighted the tension. Last month, Rep. LaMonica McIver (D-N.J.) and Newark Mayor Ras Baraka tried to storm a New Jersey facility for what they called lawful oversight. The result? Baraka was arrested, and McIver faced charges for interfering with federal officers. Similar stumbles happened this week when other Democrats were denied entry elsewhere. It’s a messy clash of congressional prerogative and executive control.

The guidance doesn’t mince words: while lawmakers have a statutory right to pop into ICE facilities unannounced for oversight, field offices are off-limits. Plus, no recording devices are allowed, and interactions with detainees or ICE staff are tightly regulated. For non-ICE facilities housing immigrants, like those run by the Bureau of Prisons, even stricter protocols apply, requiring up to a week’s notice.

DHS Assistant Secretary Tricia McLaughlin doubled down, stressing that visits must not disrupt the President’s authority to run the show. With reports of rising assaults and disruptions at ICE sites—sometimes involving politicians themselves—any tour requests for processing centers now need the Secretary of Homeland Security’s green light. A week’s notice is the gold standard, she says, to avoid stepping on constitutional toes.

This tug-of-war reflects deeper divides over immigration policy and oversight power. As the administration tightens its grip on border security, expect more fireworks when Congress comes knocking.