Democratic lawmakers say the Trump administration is illegally blocking oversight of ICE detention facilities after new rules took effect this summer that sharply limit access by Congress. On June 20, 2025, U.S. Immigration and Customs Enforcement began requiring members of Congress to give 72 business hours’ notice before any visit, and to pre-submit the names of detainees they want to meet. The policy also requires Congressional staffers to give 24 hours’ notice, bans surprise visits to field offices, and lets ICE use “sole and unreviewable discretion” to deny or cancel visits for almost any reason. Democrats argue the point is to bully lawmakers and hide worsening conditions as the detention system rapidly grows under President Trump.
The fight escalated after two tense encounters. In Newark, New Jersey, Rep. LaMonica McIver (D-N.J.) was indicted following a confrontation during a visit. In Los Angeles, Reps. Jimmy Gomez (D-Calif.) and Norma Torres (D-Calif.) said ICE personnel pushed them back with “some type of irritant.” Rep. Bennie G. Thompson (D-Miss.), the top Democrat on the House Homeland Security Committee, called the new policy “an affront to the Constitution and federal law,” saying it weakens Congress’s basic duty to check executive power. The administration and ICE leaders say the rules are needed for safety and to stop disruptions, and they insist detention standards remain high.

New Access Rules and Flashpoints
Under the June policy, Congress’s ability to see ICE detention facilities in real time is sharply reduced. Key changes include:
- At least 72 business hours’ notice from members of Congress for facility visits.
- At least 24 hours’ notice from Congressional staffers.
- No unannounced visits to ICE field offices.
- Advance list of detainees required for any interviews; spontaneous interactions are restricted.
- ICE may deny, cancel, or end a visit at its sole and unreviewable discretion, citing safety, operations, emergencies, or non-compliance, with no appeal process.
These limits now shape how even routine visits unfold. Lawmakers who once walked tiers, checked medical areas, or spoke freely with detainees can no longer do so without pre-approval. Democrats say this prevents them from spotting problems as they happen. Republicans and ICE say the structure keeps facilities secure and staff focused on their jobs.
Two recent incidents show how fraught visits have become:
- The indictment of Rep. McIver in Newark grew out of a dispute over access and conduct during a facility check.
- In Los Angeles, the pushback against Reps. Gomez and Torres—who said an “irritant” was used—added to claims that ICE is trying to chill oversight.
ICE officials say safety comes first and that members must follow facility rules.
Expanding Detention, Weakening Oversight
The access fight comes as the detention system expands at a pace not seen in years. The “One Big Beautiful Bill Act,” signed on July 4, 2025, gave ICE $45 billion through September 2029 to grow detention and enforcement. ICE’s yearly detention budget now exceeds $14 billion, with projected capacity of at least 116,000–125,000 beds, up from 40,000–60,000 in 2023–2024.
The law also allows:
- Family detention, and
- Even the indefinite detention of children and families, rolling back protections commonly linked to the Flores Settlement.
Most new sites are run by private prison contractors.
Oversight has not kept pace. Detention standards are not written into law and are described by experts as weak and pliable. Enforcement varies, and contracts rarely end even after serious violations or deaths. The Office of the Immigration Detention Ombudsman—set up in 2020 to hear complaints—was nearly shut in March 2025 and now has a much smaller staff. That leaves fewer independent eyes on a system that is holding more people for longer periods.
For complaints or case help, the Department of Homeland Security’s Office of the Immigration Detention Ombudsman provides contact details and process steps on its official page: https://www.dhs.gov/office-immigration-detention-ombudsman.
Reports from Democratic members and advocacy groups describe overcrowding, dirty conditions, and poor medical care in both new and old facilities. ICE leaders and Republican officials dispute those accounts, saying standards are “higher than most local or state centers and even federal prisons,” and that the larger budget improves care.
According to analysis by VisaVerge.com, the mix of expanded detention, weaker oversight capacity, and tighter access for Congress marks a sharp shift in how the United States runs immigration enforcement and how the public can learn what happens inside.
What the Restrictions Mean in Practice
With surprise inspections off the table, oversight now depends on ICE agreeing to visits and on pre-planned schedules that can be changed or canceled. Practical implications include:
- Problems like a sudden outbreak, staffing crisis, or medical failure may go unseen by members until after the fact.
- Detainee interviews lose spontaneity. Lawmakers cannot walk a dorm and speak freely; they must stick to a pre-approved list, limiting unfiltered accounts.
- If ICE cites safety or operations, a visit can end with little warning. Members have no formal appeal.
- As the detained population rises—mostly in privately run sites—outside checks shrink.
For planning purposes, ICE lists the steps members and staff must follow:
- Members of Congress must submit a formal visit request at least 72 business hours in advance.
- Congressional staffers must give 24 hours’ notice.
- Unannounced visits to ICE field offices are not allowed.
- ICE can deny, cancel, or reschedule visits at its discretion, without appeal.
- Lawmakers must pre-submit the names of detainees they want to interview; no spontaneous interviews.
- Visits may be canceled or ended for emergencies, safety, or operational reasons.
Families feel the impact far from Washington. A parent in detention may wait longer for a lawmaker’s team to verify a medical complaint. Community groups that once flagged urgent problems during surprise walk-throughs now must send written requests and hope for a timely slot.
Medical, legal, and child-welfare experts warn that longer detention and family detention risk lasting harm, especially for children.
Political and Legal Responses
The administration shows no sign it will loosen the rules. Officials argue the system needs order and security. Democrats say they are preparing court challenges, claiming the policy violates constitutional checks and balances and blocks Congress from doing its job. Advocacy groups are also readying suits over access and conditions.
Meanwhile, projections show the detained population may keep climbing as new sites open and private contracts grow.
For members and staff still planning visits, the ICE Office of Congressional Relations handles requests. Complaints about detention conditions can also go to the DHS ombudsman’s office, though advocates note its reduced staff limits its reach.
“These restrictions undermine oversight,” a Democratic leader said. The administration counters that order and safety come first. The gap between those views now decides who gets through the gates—and what the public can learn about life inside.
This Article in a Nutshell
New ICE rules from June 20, 2025, impose 72 business hours’ notice for Congressional visits, ban surprise inspections, and require pre-submitted detainee names, shrinking real-time oversight as detention expands under the One Big Beautiful Bill Act and raising legal and human-rights concerns about accountability and detainee welfare.