- United States
- Ohio
- Letter
Is DHS Above the Law?
To: Sen. Husted, Rep. Beatty, Sen. Moreno
From: A verified voter in Columbus, OH
May 29
I am writing to express my profound concern regarding the systemic failure of the Department of Homeland Security (DHS) to adhere to federal detention standards and constitutional mandates. Taxpayer-funded facilities are currently operating in direct violation of established legal and regulatory frameworks, creating an unacceptable liability for our government. DHS is currently overseeing a system of chronic non-compliance that undermines the rule of law: - Failure to Meet Mandatory Detention Standards: At sites like Camp East Montana, official oversight reports have documented dozens of violations of ICE’s own National Detention Standards, including failures in medical care and infection-control protocols—requirements that are contractually and legally binding. Substandard conditions invite costly litigation that further drains federal resources. - Negligent Safety Practices: The conditions at facilities like Delaney Hall, where reported uses of force and internal unrest have resulted in hunger strikes, demonstrate a failure to maintain the secure and humane environment mandated by federal detention regulations. - Violations of Public Health and Safety Laws: At processing hubs like 26 Federal Plaza, reported overcrowding—at times reaching seven times capacity—violates basic fire and safety codes, creating a high-risk environment for both staff and detainees. - Constitutional Due Process Violations: The Fifth and Fourteenth Amendments guarantee due process to all "persons" within our jurisdiction, regardless of their citizenship status. By denying meaningful access to legal counsel, the detention system is failing to uphold the foundational rights guaranteed by the U.S. Constitution. - Obstruction of Lawful Oversight: DHS has repeatedly ignored federal court orders and Section 527(b) of the Department’s appropriation, which prohibits using funds to prevent Members of Congress from entering detention facilities for oversight. By implementing unlawful "prior notice" policies and turning away elected officials—even those with valid court orders—the Department is operating in the shadows to evade accountability for documented abuses. I urge you to take the following actions to ensure accountability and transparency: 1. Assert Oversight Authority: Immediately challenge DHS’s unlawful "prior notice" memos. Utilize your authority to conduct unannounced, independent site visits as guaranteed by federal law, ensuring that no taxpayer-funded facility can operate behind a veil of secrecy. 2. Require Financial Transparency: Investigate the performance of private contractors to ensure that federal funding is being utilized to provide safe and humane conditions rather than solely for profit, and enforce penalties for contract non-compliance. 3. Uphold Constitutional Obligations: Ensure that all individuals in custody have reliable access to legal counsel, satisfying the constitutional requirement of due process for all persons within our borders. As a constituent, I expect our government to maintain systems that are legally compliant, efficient, and transparent. I look forward to your response regarding how you plan to address these systemic legal failures and restore accountability to the detention system.
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