ICE Again Gives The Law The Finger, Denies Member Of Congress Access To Detention Facility
The Trump administration continues to demonstrate it cares nothing for the law, despite repeated claims that it’s here to restore respect for the rule of law. It’s been clear since the early days of Trump’s first term that he only respects the laws that let him do what he wants. For everything else, there’s the consolidation of executive power, which has been put into overdrive upon his return to the Oval Office.
Speaking of overdrive, Trump 2.0’s mass deportation program has swiftly overwhelmed ICE’s ability to handle the day-to-day work, as well as its ability to house all the people it has detained. Consequently, lawmakers (at least the ones that still possess a soul) are exercising their legal right to inspect ICE detention facilities, which pretty much everyone assumes are being operated inhumanely. (“Everyone” includes Trumpists and other bigots, who not only assume they’re being operated inhumanely, but audibly prefer people detained for deportation be treated as less than human.)
ICE is handling this spike in congressional interest the same way it’s handling the spike in arrest numbers: shittily and with zero regard for the law or constitutional rights. The law clearly states that congressional reps can visit ICE detention facilities without prior notice. Now that congressional reps are doing that regularly, ICE is pretending the law isn’t the law.
Acting ICE boss Todd Lyons admitted congressional reps don’t need to give ICE a head’s up before touring a facility, although he did point out all reps would need to subject themselves to “screening,” whatever that means in the context of unwillingly allowing Congress to exercise its oversight functions. DHS spokesperson Tricia McLaughlin went further, claiming all ICE was asking for was “a little more notice” before visits.
It doesn’t matter what McLaughlin said. The law contains no such “little more notice” obligation. Since the usual bullshit wasn’t working, ICE issued some new “guidance” which, while admitting again congressional reps didn’t need to provide notice, tried to suggest some prior notice was needed. On top of that, it unilaterally (and illegally) claimed congressional staffers needed to give 72 hours notice, despite the law saying 24 hours notice was all that was needed.
Representative Veronica Escobar, an El Paso, Texas resident, found herself being jerked around by ICE even though she actually gave ICE far more notice than the law actually requires.
This week, ICE illegally denied me entry into a processing facility in my district, and today, they released a statement saying I “[gave] the appearance of a political stunt intended to generate publicity rather than pursue genuine oversight.”I have some thoughts.