What are ICE's visiting policies, and why are Democrats suing over them?

Fox News

3 days ago

After Democratic lawmakers filed a lawsuit over being denied access to a Maryland ICE facility, DHS is clarifying its simple procedures for members of Congress to request a visit to its facilities.
According to ICE's Office of Congressional Relations website, members of Congress need only submit a request via email at least seven days in advance of their desired visit.
A Department of Homeland Security spokesperson explained to Fox News Digital that the seven-day requirement is to "prevent interference with the President's Article II authority to oversee executive department functions."
"A week is sufficient to ensure no intrusion on the President's constitutional authority," the spokesperson said, adding, "To protect the President's Article II authority, any request to shorten that time must be approved by the Secretary."
The spokesperson also noted that "ICE law enforcement has seen a surge in assaults of 830%, as well as disruptions and obstructions to enforcement, including by politicians themselves."
A dozen Democrats are suing the Trump administration for "unlawful obstruction of congressional oversight" after Democratic members of the Maryland congressional delegation were denied entry to a Baltimore ICE facility on Monday.
Maryland Democratic Senators Chris Van Hollen and Angela Alsobrooks, along with Reps. Glenn Ivey, Johnny Olszewski, Sarah Elfreth and Kweisi Mfume, showed up in Baltimore at the Fallon Federal Building on Monday but were denied entry into an ICE detainment facility in the building.
After being denied access to the facility, the group held a press conference outside the building in which Mfume said, "We had to stand outside, bang on the door and ultimately sit in front of the door."
The Democrats filed their lawsuit against the administration on Wednesday in the U.S. District Court for the District of Columbia.
Rep. Joe Neguse, D-Colo., said in a statement announcing the suit that "blocking Members of Congress from oversight visits to ICE facilities that house or otherwise detain immigrants clearly violates Federal law — and the Trump administration knows it."
In response, DHS Assistant Secretary for Communications Tricia McLaughlin told Fox News that "these Members of Congress could have just scheduled a tour; instead, they're running to court to drive clicks and fundraising emails."
After the incident, Ivey's office shared a letter with Fox News Digital dated July 21 in which the delegation informed Noem and acting ICE Director Todd Lyons of their intent to visit the Baltimore facility. The letter did not appear to be making any request. House Committee on Oversight and Government Reform Chairman James Comer, R-Ky., and Ranking Member Robert Garcia, D-Calif., were also included in the letter.
A person familiar with the Democrats who attempted to visit the Maryland facility told Fox News Digital that "the letter sent to Secretary Noem was a notice given, not a 'request,' because under the law, Members of Congress, doing their oversight responsibilities, don't have to ask for permission, but as a courtesy, they notified DHS a full seven days before the visit."
The person added that "under the law the co-equal branch of government has the right to conduct 'surprise' inspections to ensure American taxpayer dollars are being spent appropriately."
Commenting on the lawsuit, National Republican Congressional Committee spokesman Mike Marinella remarked to Fox News Digital that Democrats "have gone from ignoring the border to targeting the men and women who enforce it."
"This is the Democrat Party's platform, and they're not even trying to hide it," said Marinella.