Members of Congress Sue Trump-Vance Administration for Blocking Lawful Oversight of Federal Immigration Detention Facilities

The Trump-Vance administration has blocked members of Congress from inspecting ICE facilities, in violation of federal law.

A dozen individual members of the U.S. House of Representatives have sued the Trump-Vance administration, challenging its unlawful obstruction of congressional oversight that the members have sought to conduct at federal immigration detention facilities, in which both Americans and noncitizens have been detained without due process. 

The administration has implemented a new, unlawful policy that blocks these Members of Congress from obtaining the information necessary to perform their constitutional duty to ensure the Department of Homeland Security (DHS) is complying with federal law in operating these facilities and to oversee how billions in taxpayer dollars are being spent. The administration is mandating a seven-day waiting period and prohibiting access to field offices where people are being detained, despite a federal law that prevents these restrictions.

The lawsuit filed in the U.S. District Court for the District of Columbia demands that the administration comply with a federal law that guarantees Members of Congress the right to conduct oversight visits to any DHS and U.S. Immigration and Customs Enforcement (ICE) sites where noncitizens are detained without prior notice. 

The plaintiffs include Assistant Democratic Leader Joe Neguse; Congressional Hispanic Caucus Chair Rep. Adriano Espaillat; Homeland Security Committee Ranking Member Rep. Bennie G. Thompson; Judiciary Committee Ranking Member Rep. Jamie Raskin; House Oversight and Government Reform Committee Ranking Member Rep. Robert Garcia; House Homeland Security Committee Subcommittee on Border Security and Enforcement Ranking Member Rep. J. Luis Correa; Rep. Jason Crow; Rep. Veronica Escobar; Rep. Dan Goldman; Rep. Jimmy Gomez; Rep. Raul Ruiz; and Rep. Norma Torres.

The congressional leaders are represented by Democracy Forward Foundation and American Oversight.

At a time when ICE is detaining more individuals than ever before—over 56,000 people—and reports of mistreatment, overcrowding, unsanitary conditions, and the detention of U.S. citizens are growing, the need for real-time, on-the-ground oversight has never been more urgent. Eleven people have died in immigration custody in the first six months of this administration. DHS’s recent mass layoffs of internal oversight personnel only deepen the concerns about this conduct and possible abuse.

“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,” said Assistant Democratic Leader Joe Neguse. “Such blatant disregard for both the law and the constitutional order by the Trump administration warrants a serious and decisive response, which is why I’m proud to lead the lawsuit we proceeded with earlier today.”

“The obstruction of Congressional oversight is not just an affront to the Constitution—it’s a threat to our democracy,” said Congressional Hispanic Caucus Chair Rep. Adriano Espaillat. “Since day one, we have witnessed the Trump administration’s systematic efforts to dehumanize immigrants, detain tens of thousands—including U.S. citizens—and weaponize federal agencies to carry out a mass deportation agenda rooted in cruelty and chaos. The Trump administration has consistently hindered oversight powers while gutting internal watchdogs in executive branch agencies like CRCL, the OIDO, and the CIS Ombudsman’s Office, creating the perfect storm for abuse and impunity. We will not stand by as due process, human dignity, and transparency are trampled. We demand access and accountability, and will pursue every legal and legislative tool available to hold this administration accountable.”

“By blocking Members of Congress from visiting ICE detention facilities, the Trump administration is not only preventing us from conducting meaningful oversight of its facilities, it is clearly violating the law. This unprecedented action is just their latest effort to stonewall Congress and the American people.  If DHS has nothing to hide, it must follow the law and make its facilities available,” said Homeland Security Committee Ranking Member Rep. Bennie G. Thompson.

“The Trump administration is systematically violating our legal right as Members of Congress to conduct oversight of DHS facilities. This blockade of Congress, deliberately interfering with our constitutional duty to perform oversight of the immigration system, is designed to stop us from checking out reports of inhumane treatment and denial of fundamental rights to immigrants in detention,” said Judiciary Committee Ranking Member Rep. Jamie Raskin. “President Trump and Secretary Noem believe they can block scrutiny of their lawless immigration enforcement sweep by closing out Members of Congress. But these brazen attempts to rebuff us—in stark violation of federal law—only deepen our resolve to get information to the American people. We’re going to continue to show up and demand the transparency and access that the law guarantees, and President Trump—we’ll see you in court.”

“As the Ranking Member on the Oversight Committee I know how essential it is to access facilities like the LA Detention Facility. These visits are critical to holding DHS and ICE accountable for lawful and humane treatment. Without full access, Members of Congress cannot properly monitor taxpayer funds or address urgent constituent concerns. Strong oversight is vital for transparency, accountability, and serving the public,” said House Oversight and Government Reform Committee Ranking Member Rep. Robert Garcia.

“As Members of Congress, our job is to conduct oversight. Congress’ job is to assure taxpayer funds are spent in accordance with the law. I’ve been a member of the House Committee on Homeland Security for years, and my job has always been to oversee ICE. Until this summer, I’ve done this job without any problems,” House Homeland Security Committee Subcommittee on Border Security and Enforcement Ranking Member Rep. J. Luis Correa said. “Recently, in clear violation of the law, ICE began to deny me access to ICE facilities and impede my ability to do my job. Obeying the law is not an option for any of us. Nor should it be up to ICE to decide which laws to follow and which laws to ignore.”

“Today, I filed a lawsuit against the Trump administration after they illegally denied me access into a federal immigration detention facility,” said Rep. Jason Crow. “Oversight is a fundamental responsibility of Congress. Under law, Members of Congress have the right to do unannounced oversight visits of federal immigration detention facilities. Since President Trump was elected, this administration has denied Members of Congress access to immigration detention facilities and tried to intimidate us from doing our jobs. I will not be deterred from conducting lawful oversight, and I’ll continue fighting to hold the administration accountable, including in Congress and the courts.”

“Oversight of government agencies and the use of taxpayer dollars is a critical part of Congressional work. For years, and throughout multiple administrations, I have conducted oversight of federal agencies and facilities, including immigration facilities in my district. And, for years, I have been able to tour these facilities, speak with immigrants, detainees and staff, ensure humane treatment of individuals in federal custody as well as to monitor workplace conditions for federal employees, and bring about change when needed. It is a Constitutional duty that I take incredibly seriously. Under the Trump administration, DHS has chosen to violate the law which allows for unannounced visits of DHS facilities, instructing local ICE staff to refuse me entry last month, despite my Congressional oversight authority. It is not acceptable for the Trump administration to ignore the law and limit Congressional oversight and authority; this cannot go unchallenged,” said Rep. Veronica Escobar.

“For months, masked, unidentified ICE agents have detained law-abiding immigrants in inhumane conditions, while DHS has repeatedly and unlawfully blocked Members of Congress from inspecting these facilities. Today, we’re filing a lawsuit because when a federal agency defies the law and obstructs oversight, we have a duty to do everything possible to uphold the law. As Donald Trump escalates his mass deportation agenda, we will continue to use every option available to expose the truth for the American people,” said Rep. Dan Goldman.

“No child should be sleeping on concrete, and no sick person should be denied care, yet that’s exactly what we keep hearing is happening inside Trump’s detention centers, including the one in my own district that set off national outrage and protests across the country,” said Rep. Jimmy Gomez. “I’ve tried repeatedly to get inside and conduct oversight, only to be turned away. When ICE and DHS block Members of Congress, they’re not just slamming the door on U.S. Representatives, they’re slamming it on the American people’s right to know how their government is treating human beings with their tax dollars. This lawsuit is our message: We as Members of Congress will do our job, and we will not let these agencies operate in the shadows.”

“As Members of Congress, we have a legal right to ensure residents in our districts are not subjected to inhumane conditions. The Department of Homeland Security’s policy change requiring advance notice is unacceptable, unlawful, and clearly designed to block transparency and accountability,” said Rep. Raul Ruiz. “Members of Congress have a constitutional duty to conduct oversight. This lawsuit will hold the Trump administration accountable and fully vindicate our right to conduct lawful, unannounced oversight at DHS detention facilities.”

“Donald Trump’s extreme immigration agenda—attacking birthright citizenship and pushing for cruel, chaotic mass deportations—is dragging this country down a dark and dangerous path. We’ve already seen the consequences: so many reports of overcrowded, unsanitary ICE detention facilities where human dignity is treated as optional,” said Rep. Norma Torres. “As a Member of Congress, I have a legal and moral obligation to conduct oversight—and I will not stand by while people in our community are locked away in facilities that may be violating their rights. I will continue to press for full access to these facilities and demand accountability from those responsible for their operation. No one is above the law—not even ICE.”

“This lawsuit goes to the heart of our democracy. These individual members of Congress have the constitutional duty, and the legal right, to conduct oversight and investigate how the government treats people in its custody,” said Skye Perryman, President and CEO of Democracy Forward. “When the administration locks the doors on oversight, it locks out the American people. At Democracy Forward, we are honored to represent these members of Congress to sue the Trump-Vance administration and we will not stop using the courts to demand accountability on behalf of the American people and uphold the rule of law.”

“Members of Congress have a clear legal right to inspect ICE detention facilities without notice, and the American people have a right to know what’s happening in their name. When the Trump administration hides the truth about how people are being treated in government custody, they’re not just dodging oversight — they’re endangering lives,” said Chioma Chukwu, Executive Director of American Oversight. “ICE is holding men, women, and children in overcrowded rooms without beds, showers, or medical care — sometimes for days on end. ICE’s stonewalling is not only illegal — it’s a brazen attempt to shield abuse from scrutiny, and American Oversight is proud to be a part of the fight to stop it.”

The case is Joe Neguse et al. v. U.S. Immigration and Customs Enforcement et al.

The legal team at Democracy Forward in this case includes Christine Coogle, Lisa Newman, Paul Wolfson, Brian Netter, and Josephine Morse. The legal team at American Oversight in this case includes Daniel Martinez, Katherine Anthony, Ronald Fein, and Jessica Jensen.

Read the complaint here.