What does ICE have to hide?
The Department of Homeland Security has issued a new policy that allows ICE officials to block or cancel visits by members of Congress to immigration detention facilities, whenever they “deem it appropriate” or cite vague “operational concerns.” This isn’t just an attack on transparency, it’s a violation of both federal law and the Constitution.
Under Article I of the Constitution, Congress has a duty to oversee executive agencies. That includes visiting federal detention centers to ensure basic rights are being respected and laws are being followed. DHS doesn’t get to decide when or if it will allow oversight. That’s not how checks and balances work in a democracy.
Federal law backs this up. Congress has repeatedly passed legislation, like the Consolidated Appropriations Acts, that guarantees members of Congress access to immigration facilities, often without advance notice. These laws were created to prevent abuses and ensure public accountability. ICE cannot lawfully override them with a policy memo. Doing so also violates the Administrative Procedure Act, which prohibits federal agencies from contradicting existing laws with internal rules.
By locking out lawmakers, ICE is shielding itself from the very oversight that is meant to prevent human rights abuses, mismanagement, and corruption. If everything inside these facilities is above board, then why the secrecy? Why slam the door on elected officials who are there to protect the public’s interest?
This move doesn’t just raise red flags, it waves them. When a federal agency tries this hard to operate in the dark, we have to ask: What are they trying to hide?
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