Original Date Announced

ICE issued guidance which, while affirming that "ICE will comply with the law and accommodate Members seeking to visit/tour an ICE detention facility for the purpose of conducting oversight," requires "at least 24-hours advance notice of an upcoming visit by Congressional staff." The memorandum also states that "ICE will not facilitate meetings with detainees without a valid, signed privacy release."

Trump 2.0 [ID #1902]

Subsequent Trump and Court Action

2025.05.09 DHS - Members of Congress Break into Delaney Hall Detention Center

DHS issued a press release stating that "a group of protestors, including two members of the U.S. House of Representatives, stormed the gate and broke into the detention facility." DHS called the incident a "bizarre political stunt," and stated that “allegations made by Newark politicians that Delaney does not have the proper permitting are false.”

Subsequent Trump and Court Action

2025.05.09 Reported: Newark’s Mayor Arrested at Protest Outside ICE Detention Center - New York Times

The New York Times reports that Newark Mayor Ras Baraka was arrested by ICE's Homeland Security Investigations officers and charged with trespassing after he accompanied three members of Congress on an oversight visit to the new immigration jail at Delaney Hall. Baraka and city officials have said the facility is operating without a valid certificate of occupancy. Baraka was not allowed to enter with the representatives and was arrested after he left the premises.

Subsequent Trump and Court Action

2025.05.14 DHS - DHS Reminds Congressional Members of ICE's Guidelines to Schedule Tours of ICE Detention Facilities

DHS issued a press release reiterating ICE’s facility-visitation guidelines for member of Congress and their staff. DHS states the reminder comes “[a]fter members of Congress broke into Delaney Hall and assaulted Immigration and Customs Enforcement (ICE) agents.”

Subsequent Trump and Court Action

2025.05.20 Reported: U.S. attorney drops case against Mayor Baraka, charges Rep. LaMonica McIver - CBS News

U.S. Attorney Alina Habba dropped criminal charges against Newark Mayor Baraka, but announces criminal charges against Rep. LaMonica McIver (D-NJ) for "assaulting, impeding and interfering with law enforcement."  DHS Secretary Noem issued a statement that the decision to charge McIver came after "a thorough review of the video footage of Delaney Hall."

Subsequent Trump and Court Action

2025.06.19: ICE Facility Visit and Engagement Protocol for Members of Congress and Staff

DHS issued new guidance for Members of Congress and congressional staff visiting ICE facilities following tense incidents involving Representative LaMonica McIver and Newark Mayor Ras Baraka. While Members of Congress may conduct unannounced oversight visits to these facilities as permitted by the annual appropriations act, DHS now requires congressional staff to provide at least 72 hours’ advance notice before visiting ICE detention centers. Visits are limited to Members and designated staff, may be denied or terminated for security reasons at "ICE['s] . . . sole and unreviewable discretion . . . if . . . facility management or other ICE officials deem it appropriate," and unauthorized contact with detainees or personnel is prohibited.

The guidance further asserts that Section 527 of the Further Consolidated Appropriations Act of 2024, which authorizes unannounced oversight visits by Members of Congress, does not apply to ICE field offices or "Bureau of Prisons (BOP) facilities for which ICE has signed an agreement for bedspace." It also states that privately managed detention facility visits cannot be made through the private contractor managing the facility and must be "coordinate[d]" by ICE.

Subsequent Trump and Court Action

Reported: ICE has removed the June 2025 ICE Facility Visit and Engagement Protocol for Members of Congress and Staff guidance from its website.

Subsequent Trump and Court Action

2025.06.23 DHS - Office of Congressional Relations: Facility Visit Request Process

ICE's Office of Congressional Relations (OCR) updated its website to state that DHS "requires requests be made a minimum of seven (7) calendar days in advance to schedule visits to DHS detention facilities. Any requests to shorten that time must be approved by the DHS Secretary."

Subsequent Trump and Court Action

2025.07.30 Complaint - Neguse v. U.S. Immigr. & Customs Enf't

Twelve members of the U.S. House of Representatives sued the Trump administration, alleging that it is unlawfully obstructing congressional efforts to oversee immigration-detention facilities where citizens and noncitizens have been held without due process. The lawsuit challenges a policy blocking members of Congress from accessing detention facilities without prior notice, as guaranteed by federal law. The policy, in place since June 2025, requires that requests to visit detention facilities be made at least seven calendar days in advance and bars access to certain facilities, including ICE field offices. Neguse v. ICE, No. 1:25-cv-02463 (D.D.C.).

**Link to case here. Our litigation entries generally report only the initial complaint and any major substantive filings or decisions. For additional information, CourtListener provides access to PACER and all available pleadings. Other sites that track litigation in more detail or organize cases by topic include Civil Rights Clearinghouse, Justice Action Center, National Immigration Litigation Alliance, and Just Security**

Subsequent Trump and Court Action

2025.08.01 Reported: Congressman claims he was denied entry to Southern Nevada ICE facility - FOX5 Las Vegas

FOX5 Las Vegas reports that local Congressman Steven Horsford was denied entry to an ICE detention facility in Pahrump, Nevada. He shared a video of his attempted visit on X with the caption: "What are they hiding? You don’t get to slam the door on a Member of Congress during a routine ICE visit. I’ve toured this facility before—so why am I suddenly a 'security risk'? My team requested permission. They had no right to deny us. They’re clearly afraid of accountability."

DHS Assistant Secretary Tricia McLaughlin told FOX5 that members of Congress are required to request permission to visit ICE facilities one week in advance: "[R]equests should be made with sufficient time to prevent interference with the President’s Article II authority to oversee executive department functions—a week is sufficient to ensure no intrusion on the President’s constitutional authority. To protect the President’s Article II authority, any request to shorten that time must be approved by the Secretary."