Asylum-Seekers Held for Days in Downtown San Diego Basement

(SAN DIEGO, CALIFORNIA) Federal lawmakers say asylum-seekers are being held for extended periods in basement holding cells beneath the Edward J. Schwartz Federal Building in downtown San Diego, with reports of people staying more than 24 hours before transfer to longer-term detention. On October 21, 2025, San Diego Congressmen Juan Vargas and Scott Peters said federal agents blocked their planned visit to the basement area, despite the lawmakers notifying Immigration and Customs Enforcement (ICE) nearly two days earlier. Their offices argue the denial undercuts congressional oversight and leaves serious questions about crowding, safety, and treatment unanswered.

Reports of crowding and limited oversight

In recent weeks, congressional staff and local attorneys have received accounts that the basement area has been operating beyond its capacity. Asylum-seekers described distress, panic attacks, and little information about what comes next. According to these reports, people are later moved—often while shackled—to the Otay Mesa Detention Center outside the city.

ICE has not confirmed how many people have been held in the basement, how long they remain there, or whether any medical or mental health checks are consistently provided during confinement. As of October 21, 2025, ICE had not responded to media requests for comment from multiple outlets, according to congressional offices and local advocates.

“The denial of access undercuts congressional oversight and leaves serious questions about crowding, safety, and treatment unanswered.”

Lawmakers denied entry and growing oversight questions

Congressman Vargas and Congressman Peters say they alerted ICE nearly 48 hours in advance to inspect the basement holding cells after hearing reports of overcrowding and prolonged stays. When they arrived, they were told they could not enter.

The lawmakers say this amounts to blocking Congress from checking on federal detention conditions inside a federal building in the heart of San Diego.

Their effort reflects broader accountability questions:
– Who is responsible for conditions in this secure basement area?
– Under what standards is the space governed?
– Are detention standards being applied when people are held for more than short processing?

ICE typically cites detention standards and safety rules for controlled spaces. But the lack of data has fueled concern among judges, lawyers, and families waiting upstairs in immigration court, while loved ones remain downstairs in concrete rooms they cannot see.

Accounts from detainees and families

People who have passed through the basement describe stark conditions:
– Held for more than 24 hours, sometimes on bare benches with bright lights and limited access to hygiene.
– Several reported panic attacks and rising fear when not told when they would be moved.
– Transport to Otay Mesa frequently occurred with detainees shackled at wrists and ankles.
– Families experienced long periods with no phone contact, creating severe anxiety.

Local attorneys say the basement cells are not designed for extended detention and should be used only for short processing. Reports that the area is “packed” at peak hours raise alarms about fire safety, health, and humane care.

Once at Otay Mesa, new arrivals undergo intake processes that may include:
– Invasive strip searches
– Isolation for observation
– Medical and mental health screenings (policies vary in practice)

Families and attorneys report rising depression and trauma as stays lengthen and court delays accumulate. Several parents told attorneys their children began to regress emotionally after a parent was taken from court to the basement and then to Otay Mesa with no clear timeline.

Legal actions and due process claims

In September 2025, a class-action lawsuit challenged ICE’s practice of arresting people with pending cases at immigration court and holding them in spaces like the San Diego basement before transfer.

Key claims in the lawsuit:
– Violations of due process and constitutional rights
– Targeting people who are not flight risks, have no criminal record, and have complied with court dates
– The practice discourages attendance at court, potentially undermining the court’s mission

For many, asylum is the central legal issue. Important procedural points:
– Asylum applicants should file Form I-589 (Application for Asylum and for Withholding of Removal), generally within one year of arrival.
– Individuals receiving a charging document called Form I-862 (Notice to Appear) must attend immigration court hearings.

Delays or surprise arrests at court can derail timelines and make it harder to:
– Gather evidence
– Locate witnesses
– Maintain legal representation

Useful official resources:
– Form I-589 information: https://www.uscis.gov/i-589
– Form I-862 description: https://www.uscis.gov/forms/all-forms/notice-to-appear-form-i-862

What standards apply inside a federal building

The government maintains detention standards covering:
– Food and nutrition
– Medical care and mental health services
– Supervision and segregation
– Transport procedures

These standards are intended to apply across facilities used by ICE, even when people are held only for short periods before transfer. The baseline goal: keep people safe and treat them with dignity while they wait to move to a longer-term site.

ICE overview of the standards: https://www.ice.gov/detention-standards

Basement holding cells in a federal courthouse complex occupy a gray zone:
– Not typical county jails
– Not long-term ICE facilities

That is why denial of congressional access is drawing attention. If the area is used for more than quick intake and short holding, questions include:
– Are standards for air flow, sanitation, bedding, medical screening, and legal access being met consistently?
– Who verifies compliance if Congress cannot inspect?

Local policy response and city–federal conflict

The San Diego City Council is considering an ordinance to restrict federal access to non-public city facilities. The proposal would:
– Require a warrant for federal agents to enter non-public areas
– Aim to shield community spaces from surprise enforcement and set clearer rules for cooperation

Important notes about the measure:
– It does not control the federal courthouse or its basement
– The debate highlights tensions between local leaders and federal agencies over enforcement in public buildings and on city streets

Supporters say the ordinance would bring clarity and protect due process. Critics warn it could complicate coordination during emergencies or create confusion about federal authority. The measure is pending and adds pressure on federal leaders to explain operations under the courthouse.

Human impact beyond the numbers

Even without firm counts from ICE, the human stories are clear:
– Families wait outside courtrooms with important documents only to learn a relative has been taken downstairs.
– A teenage daughter reports sleepless nights while her father is in a cell beneath the building.
– A man with asthma says he repeatedly asked for his inhaler but was told to wait until transport.

These snapshots show how a process designed for quick intake can feel when stretched to a day or longer in an underground room.

Analysis by VisaVerge.com notes that disputes over short-term holding have appeared in other border districts, but San Diego’s practice stands out because it occurs inside a prominent downtown federal building—amplifying calls for transparency.

What affected people can do now

Attorneys and advocates recommend these steps for families and detainees:

1. Keep detailed records:
   • Dates and times
   • Names of detained individuals and officials
   • Any medical issues reported
2. Preserve and bring immigration documents:
   • Copies of Form I-589 receipt
   • Court notices tied to Form I-862
3. If a loved one is moved to Otay Mesa:
   • Ask counsel to request a bond hearing where available
   • Seek a medical evaluation for panic attacks, asthma, or other conditions
4. Know basic rights in detention:
   • Request to contact a lawyer
   • Ask for medical attention
   • Request language interpretation

For families trying to locate someone, counsel can:
– Check transfer logs
– Ask the court clerk about custody status tied to the case number on the Form I-862

Wider policy context

The situation is part of a longer cycle of border pressure and detention changes under both the Trump and Biden administrations. While policy tools have shifted—parole programs, expedited processing, and tighter screening—pressure on holding space has persisted.

When court calendars back up and long-term beds are limited:
– Short-term rooms can exceed capacity
– If that happens out of public view, oversight becomes harder and trust erodes

For the United States, asylum law is a fundamental promise: if you fear harm at home, you can ask for protection and have your case heard. That promise includes basic treatment standards, even during short waits.

With lawmakers demanding entry and a lawsuit challenging arrests at court, pressure is building for:
– Data
– Inspections
– Clear timelines

Families in San Diego say they are not asking for special treatment—they want daylight, clean space, and a predictable clock.

The questions now are straightforward:
– How many people have been held in the basement, and for how long?
– What safeguards exist when transport delays occur?
– If Congress cannot inspect the space, who can verify that rules are being followed?

Until those questions are answered, the basement holding cells under downtown San Diego’s federal building will remain a symbol of a broader test for the system: can it process people quickly and fairly without losing sight of their basic dignity?