Correspondence - Item 27 - Laserfiche WebLink

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Congre!5,5 of the uniteb *to.te.5 Vaa oington, M(f 20515 June 23, 2025 The Honorable Kristi Noem Secretary U.S. Department of Homeland Security Washington, D.C. 20528 Dear Secretary Noem: Over the past few weeks, the Department of Homeland Security (DHS) and U.S. Immigration and Customs Enforcement (ICE) have illegally obstructed congressional oversight by denying Members of Congress access to multiple facilities used to detain immigrants.' Just last week, ICE issued new guidance that unlawfully restricts Members of Congress access to ICE facilities.' Denying Members of Congress access to these facilities is a blatant violation of federal law, as well as the constitutional right—and duty—of Congress to conduct oversight of the Executive branch.' As you well know, Section 527 of the Further Consolidated Appropriations Act, 2024 explicitly prohibits DHS from denying Members of Congress access to "any facility operated by or for the Department of Homeland Security used to detain or otherwise house aliens."' Federal law makes no distinction between ICE field offices, large detention centers, or correctional centers. Any facility used by ICE to detain people—for any period of timeis subject to Section 527. And Federal law explicitly prohibits DHS from "requir[ing] a Member of Congress to provide prior notice of the intent to enter a facility...for the purpose of conducting oversight."' Further, as the Supreme Court has repeatedly explained, Congress's constitutional power and ability to conduct oversight "is as penetrating and far-reaching as the potential power to enact and appropriate under the Constitution."' The Constitution and laws of the United States are not unruly dogs that you can take out back, kick, and shoot when they no longer serve your purpose. ICE has no valid reason to deny Members of Congress access to its facilities, including the ICE field offices that hold people for multiple days. If your Department is doing no wrong, then you should welcome the representatives of the American people into ICE facilities. Instead, you have illegally shut us out while ICE falsely claims that every ICE office in the country is too busy to accommodate our statutorily authorized congressional visits.' ' Elijah Westbrook&Doug Williams,After Brad Lander's Arrest by ICE, New York Congressman [sic]Say They Were Denied Oversight Visit at Field Office, CBS NEWS, June 18, 2025, https://www.cbsnews.com/newyork/news/brad-lander-nyc-comptroller-arrested-by-ice/. ' U.S. Immigration and Customs Enforcement, Facility Visit and Engagement Protocol for Members of Congress and Staff,June 2025,https://www.ice.gov/doclib/detention/iceFacilityVisitationCongressional.pdf. 'E.g., Trump v.Mazars USA, LLP,591 U.S._(2020);Barrenblattv. United States, 360 U.S. 109 (1959). 'Further Consolidated Appropriations Act, 2024,Pub.L No. 118-47, § 527, 138 Stat.460,619 (2024). 5 Id. 'See Barrenblatt v. United States, 360 U.S. 109(1959).