Oppose DHS Policy Restricting Congressional Access to ICE Facilities
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I am writing to urge you to take immediate action against the Department of Homeland Security's unconstitutional policy restricting congressional access to Immigration and Customs Enforcement detention facilities. This policy, implemented through Secretary Kristi Noem's January 8, 2025 memo, directly violates the constitutional separation of powers and undermines Congress's fundamental oversight authority.
Under existing federal law, members of Congress have the right to make unannounced visits to ICE detention facilities. A D.C. federal court ruling last month affirmed this right for facilities funded by regular congressional appropriations. Secretary Noem's attempt to circumvent this legal precedent by claiming the One Big Beautiful Bill Act creates a different funding category is a transparent effort to shield ICE operations from legitimate oversight.
This policy was enforced on Saturday when Representatives Ilhan Omar, Angie Craig, and Kelly Morrison were denied access to the Whipple Federal Building ICE facility in Minneapolis after initially being allowed entry. The timing is particularly troubling given that an ICE agent shot and killed 37-year-old Renee Good in Minneapolis last Wednesday, and more than 2,000 federal immigration agents have been deployed to Minnesota. When oversight is most critical, this administration is blocking it entirely.
Secretary Noem's justification that unannounced visits create security concerns and pull officers from their duties is contradicted by decades of congressional oversight practice. Her characterization of legitimate oversight as "circus-like publicity stunts" shows contempt for Congress's constitutional role. The Constitution grants Congress the power of the purse precisely so it can ensure taxpayer dollars are spent appropriately and humanely.
I urge you to publicly oppose this policy, demand that DHS immediately rescind the January 8 memo, and support any legislative action necessary to reaffirm congressional access rights to all federally funded detention facilities regardless of appropriation source. Constitutional checks and balances cannot be negotiated away through creative accounting.