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 \u2014 for the time being \u2014 to do so. But when the Congress members requested to speak with some of the detainees, they were informed of a new policy.<\/p>\n
Previous rules<\/a> required a 48-hour advance notice to meet with unspecified detainees, \u201cneeded for the facility to post sign-up sheets, identify detainees who wish to participate (if any), and execute required privacy waivers.\u201d 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<\/a> issued Monday by Acting ICE Director Todd Lyons.<\/p>\n \u201cThat 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,\u201d Levin told reporters outside the facility. \u201cThis is a very troubling and disappointing memo.\u201d<\/p>\n Neither ICE nor the Department of Homeland Security immediately responded on Monday to a request for comment.<\/p>\n 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.<\/p>\n \u201cThis is an unsustainable burden for ICE employees and a hindrance to ICE operations given the exceptional growth in congressional visits,\u201d the May 11 document reads.<\/p>\n In the memo, provided by Levin\u2019s office<\/a>, 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.<\/p>\n Levin and Jacobs also visited the Otay Mesa\u00a0facility early last month<\/a> but were not able to meet with any detainees.<\/p>\n \u201cEvery time there\u2019s a new reason or excuse,\u201d Jacobs said on Monday. \u201cIt is completely unacceptable that we aren\u2019t allowed to speak to our constituents who are here.\u201d<\/p>\n For months, Democratic members of Congress in San Diego have been fighting for greater access to immigration detention facilities to inspect their conditions.<\/p>\n Earlier this year, former Secretary of Homeland Security Kristi Noem issued a memo<\/a> 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.<\/p>\n In March, a federal judge in Washington temporarily suspended<\/a> the Trump administration\u2019s policy requiring members of Congress to provide seven days\u2019 notice before visiting immigration detention facilities.<\/p>\n