Democrats file lawsuits for access to ICE facilities; Vasquez tours New Mexico detention center
In a move that has stirred controversy, the Immigration and Customs Enforcement (ICE) has implemented a new policy requiring at least 24 hours' advance notice for congressional staff visits to ICE detention facilities. This policy, issued in mid-2025, also grants ICE discretion to deny or reschedule visits if an emergency or safety concern arises, although these contingencies are not specified in federal law.
This policy change has resulted in significant conflict with Congressional Democrats, leading to a lawsuit filed by a dozen Democratic members of Congress in late July 2025. The lawmakers accuse ICE and the Department of Homeland Security (DHS) of unlawfully blocking their statutory right to access detention facilities for oversight. They argue that these rules restrict transparency and accountability, and that their oversight visits have been repeatedly denied or delayed.
The lawsuit seeks a court order compelling DHS and ICE to allow members of Congress unfettered access — including unannounced visits — to detention centers for oversight purposes, citing provisions going back to annual appropriations acts that guarantee such access without prior notice requirements for members of Congress.
Conflicts over Specific Detention Centers
The policy change and denial of access have impeded recent visits by U.S. Representatives seeking to inspect conditions at facilities such as the Adelanto ICE Processing Center in California, where local Democrats have reported being blocked under the new rules. Closer to home, U.S. Rep. Gabe Vasquez, D-N.M., visited the Otero County Processing Center in New Mexico but was not allowed to meet any of the detainees or bring phones or recording devices.
The Otero County Processing Center, a privately managed facility, houses detainees for U.S. Immigration and Customs Enforcement (ICE). During his visit, Rep. Vasquez observed that the facility was "busting at the seams," running at or over its official capacity of 1,089 people, with more than 80% of detainees having no criminal convictions or pending criminal charges. He reported seeing nonworking phones, nonworking toilets, and a lack of access to advocacy services or legal services at the facility.
Legal Challenges and Support
Thirteen of Vasquez's Democratic House colleagues, including U.S. Rep. Veronica Escobar of El Paso, Texas, sued ICE and the U.S. Homeland Security department for blocking their efforts to visit detention sites. While Rep. Vasquez is not among the lawsuit's plaintiffs, he expressed his support for the lawsuit challenging DHS guidance that restricts congressional inspections of detention facilities.
DHS alleges that advance notice is necessary "to prevent interference with the President's Article II authority to oversee executive department functions." However, federal law permits members of Congress to conduct unannounced oversight visits, a point emphasized by Rep. Vasquez in his discussion with the facility's ICE representative.
Meanwhile, a federal grand jury indicted U.S. Rep. LaMonica McIver for "forcibly impeding and interfering with federal officers" during their arrest of Newark Mayor Ras Baraka at a local ICE detention facility. This incident underscores the heightened tensions surrounding visits to ICE detention centers.
As of July 13, nearly 57,000 people were in ICE custody, and detentions are expected to expand further with the $45 billion appropriated for expanded detention capacity. The ongoing legal challenges and debates surrounding ICE's visitation policies are likely to continue as Congress and the public seek greater transparency and accountability in the management of these facilities.
New Mexico Legislative Action
In response to these issues, Gov. Michelle Lujan Grisham announced that she will include prospective legislation addressing privately-operated immigration detention facilities in New Mexico on the agenda of a special session likely to run in August or September. The specifics of this legislation have yet to be announced, but it is expected to address concerns related to detention facility conditions and oversight.
- The new ICE policy on congressional visits to detention facilities has sparked a legal dispute, with U.S. Representatives accusing ICE and the Department of Homeland Security of blocking their statutory right to access detention facilities for oversight, arguing that this restricts transparency and accountability.
- In a lawsuit seeking a court order, the lawmakers are demanding unfettered access, including unannounced visits, to detention centers, citing provisions in annual appropriations acts that guarantee such access without prior notice requirements for members of Congress.
