ICE Memo Narrows Congressional Oversight at Detention Sites (1)

Immigration and Customs Enforcement issued a policy limiting how lawmakers can speak with detainees during oversight visits, days after a federal appeals court preserved members’ ability to conduct unannounced inspections at immigrant detention facilities.

The memo, reviewed by Bloomberg Law, was given to lawmakers during an unannounced visit to the Otay Mesa Detention Center in San Diego on Monday.

Acting ICE Director Todd Lyons issued the guidance, which says ICE will facilitate meetings with detainees only if lawmakers identify them by name at least two business days before a visit and provide signed consent forms.

The guidance comes days after a federal appeals court left in place a ruling preserving lawmakers’ ability to conduct surprise visits.

US District Judge Jia Cobb, a Joe Biden appointee, ruled the administration likely violated federal spending laws because appropriations language bars the Department of Homeland Security from preventing members of Congress from entering facilities for oversight visits.

Rep. Mike Levin (D-Calif.), who was part of the unannounced visit Monday, told Bloomberg Law the new memo effectively limits oversight once lawmakers are inside facilities.

“I think the effect is to turn an unannounced oversight visit into more of a guided tour,” Levin said. “We can see the building, but we can’t meaningfully talk to the people inside it.”

Lawmakers previously were able to speak with detainees identified during walk-throughs or through sign-up sheets inside facilities, where detainees could request meetings or ask lawmakers for help, Levin said. Those sign-up sheets are no longer allowed under the new policy, he said.

ICE said in the memo the changes were needed because recent congressional visits have become disruptive and resource-intensive for facility operations.

“These requests must be part of legitimate congressional oversight activities, and far too often they are just for a media act,” a Department of Homeland Security spokesperson said in a statement. “Without proper support, such visits threaten the safety of ICE personnel, the detainees, and Members of Congress alike.”

The memo states ICE averaged about 45 congressional facility visits annually in the decade before fiscal 2025. That number climbed to more than 160 visits in fiscal 2025 and roughly 200 visits in fiscal 2026 as of May 11, according to the agency. The visits pull officers and agents away from security and law enforcement duties and have included requests to meet with large groups of detainees, ICE said.

“If the goal is to hear directly from detainees about what’s happening to them, which is the heart of oversight, it became significantly harder because of this,” Levin said.