U.S. Reps. Mike Levin and Sara Jacobs conducted an unannounced oversight visit to the Otay Mesa Detention Center on Monday, days after a federal appeals court in Washington, D.C., reiterated their authority — for the time being — to do so. But when the Congress members requested to speak with some of the detainees, they were informed of a new policy.
Previous rules required a 48-hour advance notice to meet with unspecified detainees, “needed for the facility to post sign-up sheets, identify detainees who wish to participate (if any), and execute required privacy waivers.” But under the new U.S. Immigration and Customs Enforcement policy, members of Congress must identify detainees by name and get signed consent at least two business days prior to the visit in order to meet with them, as stated in a memo issued Monday by Acting ICE Director Todd Lyons.
“That is going to make things more challenging for us to be able to do our oversight work in a clear and transparent and effective manner,” Levin told reporters outside the facility. “This is a very troubling and disappointing memo.”
Neither ICE nor the Department of Homeland Security immediately responded on Monday to a request for comment.
Congressional members or staff would either provide a list of specific detainees they wished to meet, or request that ICE identify detained immigrants belonging to particular demographic groups or those detained in specific operations, the memorandum noted.
“This is an unsustainable burden for ICE employees and a hindrance to ICE operations given the exceptional growth in congressional visits,” the May 11 document reads.
In the memo, provided by Levin’s office, Lyons cited instances in which congressional visits included requests to meet with large groups of detainees. These requests included identifying female detainees held for several months and those arrested during Operation Metro Surge at the Camp East Montana detention facility in Texas.
Levin and Jacobs also visited the Otay Mesa facility early last month but were not able to meet with any detainees.
“Every time there’s a new reason or excuse,” Jacobs said on Monday. “It is completely unacceptable that we aren’t allowed to speak to our constituents who are here.”
For months, Democratic members of Congress in San Diego have been fighting for greater access to immigration detention facilities to inspect their conditions.
Earlier this year, former Secretary of Homeland Security Kristi Noem issued a memo reiterating that members of Congress were required to submit requests to visit facilities at least seven calendar days in advance. However, some members of Congress insist that they have the authority to conduct unannounced inspections.
In March, a federal judge in Washington temporarily suspended the Trump administration’s policy requiring members of Congress to provide seven days’ notice before visiting immigration detention facilities.
The U.S. government appealed the ruling, and on Friday, a three-judge panel of the U.S. Court of Appeals for the D.C. Circuit blocked the attempt to reinstate the policy pending the outcome of the appeal.
On Monday, the two Democratic lawmakers toured the San Diego facility for over an hour and a half. They said they visited the pods, the medical center and the law library. They reported the facilities to be clean. They also tasted the food and drank the water. According to Levin, they were told that there were approximately 1,000 detainees at the facility.
Jacobs said she noticed “positive changes” since their previous visit. She said that the congressional authorization form allowing detainees to reach out to members of Congress was now in every pod and clearly labeled.
“We know that what we’re seeing is only a snippet of time and only certain areas, and … we were not allowed to speak to any of the detainees themselves,” Jacobs said. “So we will keep showing up, and we really rely on all of the community members who have been reaching out and giving us the information so that we can do proper oversight because the more specific details we have, the more we can ask specific questions; that will be what enables us to do this kind of oversight.”