Topline:
Two California lawmakers were turned away at the Adelanto detention center in the high desert Friday morning, despite a federal law allowing Congressmembers to enter Homeland Security detention facilities for oversight without advanced warning.
What happened? In a video reviewed by LAist, Reps. Raul Ruiz and Norma Torres approach a closed gate in front of the detention center and request to enter. But a man who answers tells the lawmakers that their request was not approved.
What did Homeland Security say? The federal government said it needs seven days notice for entry.
Why does that matter? It's a shift from last month, when ICE issued new guidance requesting 72-hour notice ahead of Congressional visits, but affirming that advance notice is not required for members of Congress. An email from Homeland Security to LAist Friday said requests to visit detention centers "should be made with sufficient time to prevent interference with the President’s Article II authority to oversee executive department functions — a week is sufficient."
What did the lawmakers say? "This is an illegal action," Ruiz said at the gates of the detention center. "This is an obstruction of the law…We have the right to come in and ask questions."
Read on... for details on the latest in a string of attempts for access into ICE facilities.
Two California lawmakers were turned away at the Adelanto detention center in the high desert Friday morning, despite a federal law allowing members of Congress to enter Homeland Security detention facilities for oversight without advanced warning.
The federal government now says it needs seven days notice for entry.
"This is an illegal action," Rep. Raul Ruiz said, standing at the gates of the detention center with Rep. Norma Torres. "This is an obstruction of the law…We have the right to come in and ask questions."
The move is just the latest in a string of attempts by lawmakers to enter U.S. Immigration and Customs Enforcement facilities — including Adelanto, which is run by the private prison contractor GEO Group — since the federal government ramped up immigration actions last month. Amid those actions, the Department of Homeland Security, which oversees ICE, has changed its terms for visits at least twice.
Last month, ICE issued new guidance requesting a 72-hour notice ahead of Congressional visits, but affirming that advance notice is not required for members of Congress. In a statement issued to LAist today, Homeland Security shifted this stance further.
"For visits to detention facilities, requests should be made with sufficient time to prevent interference with the President’s Article II authority to oversee executive department functions — a week is sufficient," a spokesperson with the department said in an email. "Neither Representative Ruiz or Representative Torres gave sufficient notice to facilitate a visit."
In a video reviewed by LAist, Ruiz and Torres approach a closed gate in front of the detention center and request to enter. But a man who answers tells the lawmakers that their request was not approved.
"The Trump administration and his minions are denying us oversight, and violating the law while doing that," Torres said in a video outside the center.
How did we get here?
ICE communicated its new guidance for lawmakers earlier this week in response to an emailed request to enter Adelanto.
"The Department is now requiring requests be made seven (7) calendar days in advance for scheduling," an ICE representative said in a Tuesday email to Ruiz's office reviewed by LAist. That new policy is also reflected on the agency's website.
The email also commented directly on Section 527 of the 2024 Further Consolidated Appropriations Act, which says that funds appropriated to the Department of Homeland Security may not be used to prevent a member of Congress from entering any facility used to detain immigrants "for the purpose of conducting oversight." It also states that members of Congress do not need to give prior notice to enter.
"ICE continues to comply with Section 527 but entry into detention facilities may be delayed due to exigent circumstances (including personnel and facility security considerations during protests) or time required to vet requests to ensure they are for legitimate purposes," the email from the agency to Ruiz continued.
At a news conference Friday, Ruiz said he gave ICE 72 hours notice of his intention to visit Adelanto in an attempt to comply with the agency's guidelines, only to learn they had changed again.
" They moved the goal post," he said. "Once again, this abrupt policy change is not only unacceptable, it is a deliberate barrier to transparency and accountability."
Many people detained in recent immigration raids across the region have ended up in Adelanto ICE Processing Center, which has come under scrutiny for its conditions in the past. As of mid-June, members of Congress estimated 1,200 people were being held there.
