The U.S. Department of Homeland Security (DHS) has issued updated guidelines outlining how members of Congress and their staff can access Immigration and Customs Enforcement (ICE) facilities, including detention centers and field offices.
According to the new policy, congressional staff must now provide at least 24 hours’ notice before visiting ICE detention centers. Additionally, access to ICE field offices must be scheduled in advance, as these locations are not considered detention facilities and therefore fall outside of certain federal oversight provisions.
The change clarifies the interpretation of Section 527 of the FY2024 Consolidated Appropriations Act, which allows members of Congress to visit ICE detention centers without prior notice. However, DHS emphasizes that this exception does not apply to field offices, which are primarily used for administrative processing rather than housing detainees.
Per the updated guidelines:
- Detention facilities can still be visited by lawmakers without notice, but under rare “exigent circumstances,” DHS may temporarily delay access for operational or safety reasons.
- Field office visits require a 72-hour notice and prior approval through a formal visitor engagement process.
These adjustments come in the wake of recent, high-profile visits to ICE facilities by various lawmakers. Some of these events, according to DHS, presented public safety concerns. In one instance, a visit by members of Congress and local officials to a facility in Newark, New Jersey, became the subject of debate over conduct and protocol.
DHS officials say the new rules are intended to balance transparency and oversight with safety and operational efficiency.
While lawmakers still retain oversight responsibilities, DHS reiterated that the purpose of the updated policy is to ensure visits are conducted in a safe, orderly manner and with proper coordination.