WASHINGTON, D.C. — July 29, 2025 — A dozen Democratic members of Congress have filed a federal lawsuit against the Trump administration, alleging that U.S. Immigration and Customs Enforcement (ICE) is unlawfully obstructing their constitutional oversight authority by denying them access to immigration detention facilities—particularly when visits are unannounced.
The lawsuit, filed in U.S. District Court in Washington, accuses the Department of Homeland Security (DHS) and ICE of erecting procedural barriers that block lawmakers from inspecting conditions in facilities where detainees are allegedly being held in overcrowded, unsanitary, and inhumane conditions. ICE has recently enforced a rule requiring members of Congress to provide at least seven days’ notice for entry and has outright barred access to some field offices, according to the complaint.
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“Congress has a duty to ensure federal agencies are operating within the law—especially when billions of taxpayer dollars are being spent,” the lawsuit states. “ICE is unlawfully preventing that oversight at a time of rising arrests, troubling conditions, and public concern.”
ICE Director Todd Lyons acknowledged in May that members of Congress have the legal right to conduct unannounced visits. However, DHS Secretary Kristi Noem has taken a harder line, suggesting lawmakers should formally request visits to avoid disrupting the executive branch’s constitutional authority. DHS Assistant Secretary for Public Affairs Tricia McLaughlin further defended the agency’s stance, citing concerns over safety and order at ICE facilities.
“They could have scheduled a tour, but instead they’re running to court to generate headlines and fundraising emails,” McLaughlin said in an emailed statement. She claimed the seven-day rule ensures operations are not impeded and added that any access to field offices must be personally approved by Secretary Noem.
The lawmakers argue that these conditions—especially in ICE field offices where detainees are reportedly being held without beds or showers—warrant immediate and unfiltered access. They assert that ICE is improperly distinguishing between “detention centers” and “processing offices” to circumvent oversight, even though individuals are confined in both.
Rep. Veronica Escobar (D-Texas) was denied entry to the El Paso Processing Center on July 9, despite notifying ICE of her intent to visit. Similarly, Rep. Jason Crow (D-Colorado) was turned away from the ICE Aurora Facility in Colorado on July 20. Rep. Daniel Goldman (D-New York) was also barred from visiting the ICE field office in Manhattan in June, where he was told oversight authority did not apply—even though detainees were being held there overnight.
Several other Democratic lawmakers encountered the same barriers. On July 21, Reps. Joe Neguse (D-Colorado), Bennie Thompson (D-Mississippi), and Jamie Raskin (D-Maryland) were denied entry to the ICE field office in Chantilly, Virginia, after learning people were being detained on-site.
The other plaintiffs in the lawsuit include California Reps. Norma Torres, Raul Ruiz, Jimmy Gomez, Jose Luis Correa, and Robert Garcia, as well as Rep. Adriano Espaillat (D-New York).
“No child should be sleeping on concrete, and no sick person should be denied medical care,” said Rep. Gomez. “We’ve heard again and again that’s what’s happening inside Trump’s detention centers. This lawsuit makes clear: We will do our job, and we won’t let these agencies operate in the shadows.”
The lawsuit also highlights the surging ICE budget, citing a $45 billion allocation for detention funding—more than 13 times the agency’s current annual budget. Lawmakers argue that the scale of public investment demands transparency and robust congressional oversight.
As the case moves forward, it could set a significant precedent on the balance of power between Congress and the executive branch in immigration enforcement and government transparency.
