ICE adopts new visitors policy after clash with Democratic members of Congress

ICE has adopted a new visitor policy that imposes new limits on members of Congress who want to visit, blocking them entirely from field offices and limiting their access to detention facilities when there are “exigent circumstances.”

The policy comes after a high-profile clash between Democratic members of Congress and U.S. Immigration and Customs Enforcement personnel last month at an ICE detention facility in New Jersey.

Lawmakers, flexing a provision of law that guarantees them access at any time, showed up to tour a facility they argued was operating in violation of Newark city rules. When Newark Mayor Ras Baraka came on site with them, even though he is not covered by the access law, it sparked a scuffle that led to charges filed against Rep. LaMonica McIver for assaulting ICE personnel.

Under the new policy, members of Congress are still told they have access but are warned that could be hindered by “operational conditions” or the current “security posture” at the facility.

The update also says the visit policy only applies to detention centers and not to ICE field offices.

“ICE does not house aliens at field offices, rather these are working offices where Enforcement and Removal Operations (ERO) personnel process aliens to make custody determinations based on the specific circumstances of each case,” the agency said.

The new policy was posted by ICE this week.

Rep. Bennie G. Thompson, the ranking Democrat on the House Homeland Security Committee, said he thinks the policy violates the law guaranteeing access to members.

“This unlawful policy is a smokescreen to deny member visits to ICE offices across the country, which are holding migrants – and sometimes even U.S. citizens – for days at a time,” the Mississippi lawmaker said. “They are therefore detention facilities and are subject to oversight and inspection at any time. DHS pretending otherwise is simply their latest lie.”

Access to ICE facilities has been controversial for years, promoting Congress to write a law guaranteeing its members and staff access. Members are given the right to make surprise visits while staffers are to be accommodated within 24 hours.