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Neguse, Crow sue Trump administration over lack of access to immigration detention centers

A dozen Democratic lawmakers — led by U.S. Rep. Joe Neguse — have filed a lawsuit challenging what they allege is the Trump administration’s “unlawful obstruction” of their oversight in blocking lawmakers access to federal immigration detention centers.

Filed Wednesday, the suit asserts members of Congress have authority to conduct investigations related to their legislative role. The complaint noted “widespread” mistreatment at detention facilities across the U.S, which has had at least 11 deaths in the first six months of the administration.

“Blocking Members of Congress from oversight visits to ICE facilities that house or otherwise detain immigrants clearly violates Federal law — and the Trump administration knows it,” Neguse, D-Boulder, said in a statement. “Such blatant disregard for both the law and the constitutional order by the Trump administration warrants a serious and decisive response, which is why I’m proud to lead the lawsuit we proceeded with earlier today.”

The complaint contends U.S. Immigration and Customs Enforcement officials are now requiring seven days advance notice to schedule a visit.

“To ensure its members’ ability to assess true facility conditions without obstruction, Congress included a provision in the fiscal year 2019 appropriations bill that codified individual members’ right to exercise their oversight duties through in-person visits to DHS (U.S. Department of Homeland Security) facilities where minors were detained,” the complaint said.

This was in response to the “kids in cages” controversy the year before when images surfaced showing immigrant children — who were forcibly separated from their parents — being held in chain-link pens.

The Trump-era “zero tolerance” policy of mass family separation led to widespread condemnation and calls for immigration reform.

The lawsuit notes that Congress has approved provisions since 2019 that prevent appropriated funds to DHS being used to prevent members from entering facilities for the purpose of conducting oversight.

DHS officials defended their actions, saying the agency has seen a dramatic increase in the number of “assaults, disruptions and obstructions” to enforcement, necessitating the need for scheduled tours.

DHS Assistant Sec. Tricia McLaughlin called the lawsuit a Democratic fundraising tactic.

“These Members of Congress could have just scheduled a tour; instead, they’re running to court to drive clicks and fundraising emails,” McLaughlin said in a statement to The Denver Gazette.

Last week, U.S. Rep. Jason Crow, D-Aurora, said he was denied entry into the Aurora Detention Center, a move the Colorado Democrat maintains violates federal law and undermined Congress’ oversight authority.

The lack of transparency and accountability is very telling, Crow told The Denver Gazette.

“The main message is that they don’t need to follow federal law,” Crow said.

Crow has made regular visits to the GEO Group operated facility since being sworn in to Congress in 2019. His visits include a walkthrough to inspect the housing, medical and nutrition conditions at the facility.

In the most recent visit on July 3, Crow’s staff noted GEO officials had suspended outdoor recreation as well as cooling issues in the male housing pods.

Crow represents Colorado’s 6th Congressional District, which includes Aurora.


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