Locked Out: How ICE Is Defying Congress, and the Constitution
Members of Congress are being denied entry, arrested, and ignored by the very agency they fund. This isn’t just obstruction—it’s open defiance of democracy.
ICE agents recently arrested a sitting mayor, manhandled a congresswoman, and denied entry to multiple members of Congress, all in the span of a few weeks. Their crime? Trying to perform legally protected oversight of detention centers.
Backed by a newly emboldened Trump administration and shielded by fresh DHS guidance, ICE has begun acting like a rogue agency—unaccountable, untouchable, and above the law. What we’re witnessing isn’t just cruelty behind closed doors.
It’s a full-blown constitutional crisis.
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The Incident: ICE Blocks Congress
It started with a surprise visit and ended in handcuffs.
On May 9, 2025, three members of Congress, Rep. LaMonica McIver, Rep. Bonnie Watson Coleman, and Rep. Rob Menendez, arrived at the Delaney Hall detention facility in Newark, New Jersey. They were accompanied by Newark Mayor Ras Baraka, hoping to conduct a routine inspection after reports of hunger strikes and medical neglect.
ICE agents detained Baraka and forcibly removed Rep. McIver. Charges were filed against both—assault and trespass—but later dropped.
“This isn’t just a denial of access,” Rep. Watson Coleman said. “It’s a denial of democracy. We were doing our jobs, and they treated us like criminals.”
See our initial reporting here:
Soon, more lawmakers were blocked:
Rep. Judy Chu was denied access to Adelanto, CA.
“If members of Congress can’t see what’s going on inside, what are they hiding?”
Reps. Ramirez, García, Jackson, and Davis were turned away twice from Broadview, IL.
“We are elected by the people… Yet we were treated like intruders in our own democracy,” said Rep. Delia Ramirez.
Reps. Dan Goldman and Jerry Nadler were denied entry to 26 Federal Plaza in New York.
“This is obstruction of oversight, pure and simple,” said Goldman.
NYC Comptroller Brad Lander was arrested trying to accompany an immigrant to a hearing.
Then, on June 18, DHS made it official: members of Congress must now provide a 72-hour notice before visiting ICE detention centers, giving the agency broad power to deny access.
These aren’t isolated incidents. They’re part of a deliberate strategy.
The Pattern: This Isn’t the First Time
ICE’s culture of secrecy has been growing for years.
During Trump’s first term, there were at least two incidents related to ICE detention centers denying entry or covering up abuse.
First, in 2018, Sen. Jeff Merkley was blocked from entering a Texas child detention center. The following year, Reps. Ocasio-Cortez and Pressley reported staged visits and abuse coverups.
Troubling, this didn’t end when Trump left office the first time. In 2021, members of the Congressional Hispanic Caucus were restricted under Biden-era protocols.
Each time, ICE tightened the leash, and now in 2025, they’ve cut it entirely.
“If we let agencies operate behind closed doors, without real accountability, we’re not just risking abuse—we’re inviting it.”
—Rep. Joaquin Castro (2019)
What was once exceptional is now policy.
The Power: Congress Has a Legal Right to Oversight
The Constitution is clear: Congress has the power to investigate, to oversee, and to hold federal agencies accountable.
“The power of inquiry—with process to enforce it—is an essential and appropriate auxiliary to the legislative function.” —McGrain v. Daugherty, 1927
Congress’s oversight role is enshrined in Article I, affirmed by the courts, and reinforced through legislation.
The 2024 DHS Appropriations Act is even more direct: “Members of Congress shall be permitted access to any DHS facility housing individuals in ICE custody within 24 hours of request without prior notice or preconditions.”
So, why is DHS acting as if Congress has no say? Because they’ve rewritten the rules and dared lawmakers to challenge them. Congress has rarely taken a stand to reclaim its authority, which has permitted further erosion as we are seeing now.
As we’ve noted before, Congress has repeatedly allowed its power to be undermined, most often in favor of the Executive branch.
See our most recent reporting here:
The Playbook: How DHS Is Undermining the Law
On June 18, DHS issued new guidance requiring:
72-hour written notice from members of Congress
Field directors’ discretion to deny visits
Ban on unannounced inspections
It also strongly encourages those requesting Congresspersons to state their reason for visiting and specify which detainees or areas they intend to see.
This directly contradicts federal law and guts congressional oversight. It effectively places DHS and ICE over Congress.
It is no accident that the guidelines require a 72-hour advance notice. It gives officials, often private owners, the ability to address concerns that would likely be raised.
That’s enough time to:
Move detainees
Clean facilities
Silence witnesses
ICE isn’t protecting order. It’s protecting itself.
“They say this is about order. But it’s about control.” —Congressional staffer, The Guardian.
This isn’t bureaucracy. It’s a playbook for impunity.
The Stakes: What’s Being Hidden and Why It Matters
At Delaney Hall, migrants were on a hunger strike. What followed was an uprising.
What were their stated reasons for the revolt?:
Spoiled food. Contaminated water. Denied medical care.
Threatened with solitary confinement for speaking up.
“They tell us we are animals,” one detainee said. “They say no one cares.”
See our article on the Delaney Hall protest here:
This is what ICE is hiding:
Medical neglect
Overcrowding
Abuse without accountability
We’ve seen this before:
Women drinking from toilets in 2019
Forced sterilizations in Georgia
COVID outbreaks ignored in 2021
In our Deportation Nation series, we highlighted some of the abuses cited in similiar facilities. See that series here as well as our recent reporting on ICE:
Note: This series is more than 45 days old and now lives in the archive. Consider becoming a paid subscriber for the neaerly 700 article archive and exclusive access.
And now? Congress is being told: Get in line, or get out. “I fear what they don’t want us to see,” said Rep. Ramirez. “But I fear more what happens when no one is left to look.”
What Congress Can Do Now
Congress has tools. It’s time to use them.
Cut the Money
Freeze ICE funding until access is restored
Attach transparency strings to DHS appropriations
Subpoena and Sue
Demand memos, access logs, and internal communications
File lawsuits under the APA and Declaratory Judgment Act
Hold Them in Contempt
Refer officials for contempt
Use inherent contempt to detain defiant agency heads
Demand Investigations
Trigger DHS Inspector General audits
Protect and amplify whistleblowers
Pass Oversight Protections
Codify 24-hour access without notice
Require public reporting of all visit denials
If they won’t act now, they’re not just losing access. They’re surrendering democracy.
Don’t Let Them Close the Doors
Step 1: Call Your Representative and Senators
U.S. Capitol Switchboard: (202) 224-3121
SCRIPT:
Hello, my name is [YOUR NAME], and I’m a constituent from [CITY, STATE or ZIP CODE].
I’m calling to demand that [Representative/Senator NAME] take immediate action to stop ICE and DHS from blocking congressional oversight.
ICE has detained a mayor, denied entry to lawmakers, and is now requiring 72-hour notice to visit facilities, directly violating federal law.
This is a constitutional crisis. Congress must:
Enforce access by freezing DHS funding until compliance is restored
Issue subpoenas and lawsuits against officials obstructing oversight
Pass legislation to guarantee unannounced inspections
Please tell [Rep/Senator NAME] to speak out now, take action publicly, and help restore congressional authority.
Thank you.
Step 2: Send an Email or Social Post
Use the same language. Find your rep: https://www.congress.gov/members
Step 3: Share This Story
Use hashtags: #LetCongressIn #OversightBlocked #EndICEImpunity
If ICE can shut the door on Congress today, it can shut the door on the Constitution tomorrow. It’s up to us to keep that door open.
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Bibliography
“DHS Says Lawmakers Must Give 72-Hour Notice Before Visiting ICE Facilities.” The Daily Beast, June 18, 2025.
"DHS Tightens Rules for Congressional…" Washington Post, June 19, 2025.
"Outrage as DHS moves to restrict lawmaker visits to detention centers." The Guardian, June 19, 2025.
"Trump administration puts new limits on Congress visits to immigration centers." Reuters, June 19, 2025.
“DHS keeps denying access to members of Congress attempting oversight. Experts say it's illegal.” LA Times, June 19, 2025.
“ICE Insists That Congress Needs Its Permission To Conduct Oversight.” Reason, June 19, 2025.
“DHS issues new guidance for lawmakers visiting ICE facilities after tense confrontations.” CNN, June 19, 2025.
“ICE Imposes New Rules on Congressional Visits.” New York Times, June 19, 2025.
“DHS Reminds Congressional Members of ICE’s Guidelines to Schedule Tours of ICE Detention Facilities.” DHS.gov, May 14, 2025.
“DHS places new limits on lawmakers visiting ICE facilities.” The Hill, June 18, 2025.
“ArtI.S8.C18.7.1 Overview of Investigation and Oversight Power of Congress.” Cornell Law School.
“Constitution, Article 1.” Constitution - Annotated.
The head of the snake 🐍 must be defeated.
ICE has gone from detaining and arresting immigrants, judges and veterans to members of congress. Sure hope that GS-5 or GS-13 pay is worth the destruction of democracy ICE scumbags! I'm thoroughly embarrassed to call myself an American.