DHS Implements New Restrictions on Lawmaker Visits to ICE Facilities; Concerns Remain Regarding Family Visitation
DHS Implements New Restrictions on Lawmaker Visits to ICE Facilities; Concerns Remain Regarding Family Visitation
The Department of Homeland Security (DHS) has implemented new guidelines restricting lawmaker access to Immigration and Customs Enforcement (ICE) facilities. These guidelines, released in response to recent confrontational visits by Democratic lawmakers, require 72 hours’ notice for lawmaker visits and 24 hours’ notice for staff visits. Lawmakers are also required to provide a list of detainees they wish to speak with 48 hours in advance, or allow ICE to create a sign-up list. The guidelines stipulate that ICE will not facilitate meetings with detainees without valid, signed privacy releases, requiring names and alien registration numbers. Additionally, filming and photography within ICE facilities are now prohibited.
Rep. Bennie Thompson criticized the new policy, stating it is “unprecedented” and an “affront to the Constitution and Federal law,” alleging attempts to restrict visit timing and block access to ICE field offices. He further stated that ICE is not above oversight and the Department must follow the law.
Separately, concerns persist regarding family visits to ICE detainees. While ICE lifted a pandemic-related ban on family visits in May 2023, immigrant advocates and detainees report inconsistent and limited reinstatement of in-person visits. As of November 14, 2023, 52 out of 113 ICE sites were listed as yellow or red status, indicating temporary restrictions on in-person visits due to COVID-19 protocols. These protocols are based on factors including quarantine unit availability, medical isolation rates, hospitalizations, and CDC community risk standards. Individual facilities retain discretion to implement additional restrictions.
Advocates, including Freedom for Immigrants and 139 other organizations, have petitioned the Biden administration to intervene and ensure in-person visits regardless of COVID-19 status, also requesting free video calls for detainees. They cite concerns about the authority given to individual facilities, many of which are privately run, and question the good faith of decisions to restrict visitation. Concerns have also been raised about the lack of soap, face masks, and social distancing in some facilities during COVID-19 outbreaks.
Detainees report difficulties in arranging visits, citing long travel times, work limitations for family members, and the uncertainty of whether visits will be permitted. The cost of video calls, reported as $3.15 for 15 minutes, is also a barrier. Advocates further highlight that limited in-person visits hinder their ability to monitor human rights violations, with concerns that phone calls and letters are monitored, potentially leading to retaliation.
ICE maintains that it offers alternative communication methods, including letters, video calls, and phone calls, stating that virtual options should be maximized when in-person visits are restricted. However, detainees and advocates dispute the adequacy and accessibility of these alternatives.
The prolonged suspension of in-person visits, lasting over two years for some detainees, has raised concerns about the mental and emotional well-being of those held in ICE facilities. Detainees describe the significant impact of not seeing loved ones, particularly children and spouses, and the difficulties in coping with the stress of detention without familial support. The lack of access to in-person visits is also seen as potentially discouraging detainees from pursuing their legal cases.
While detainees with lawyers have been permitted in-person meetings, a significant percentage of detainees lack legal representation, leaving family members as their primary advocates. The lack of in-person visits is viewed by some as potentially encouraging self-deportation.
In summary, DHS has implemented new restrictions on lawmaker access to ICE facilities, while concerns remain regarding the inconsistent and limited access to in-person visits for families of detainees, despite ICE lifting a pandemic-related ban. These restrictions and the ongoing challenges faced by families attempting to visit detained loved ones remain significant issues.
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