Democratic Party
Arizona representatives have been denied access to immigration detention facilities in their state, including the Eloy Detention Center near Phoenix, as part of a broader conflict that led twelve House members to file a federal lawsuit this week against the Trump administration.
New Trump administration regulations that demand prior notice for detention visits, according to the lawmakers, violate federal law that has been in effect since 2019. Members of Congress have the right to visit detention centers under that provision without prior notice.
Legislators must provide seven days' notice before visiting facilities, according to new guidelines released by ICE in June. Permission to speak with those detained inside is another requirement of the new regulations.
The members of the House argue that this is against a provision that explicitly states that members of Congress are not subject from prior notice requirements when conducting oversight of facilities.
Each lawmaker claims that when they attempted to visit detention facilities since the implementation of the new policy, they were turned away.
Arizona, which is home to several ICE detention facilities, such as the Eloy Detention Center near Phoenix, is especially affected by the limits.
As part of the increased federal financing for immigration enforcement, some of the biggest additions are anticipated to occur in Arizona's detention facilities.
Rep. Yassamin Ansari wanted to visit the Eloy facility earlier this month to meet with three people from her district. Even though she gave ICE seven days' notice, all three requests were turned down.
Rep. Greg Stanton also tried to visit the same facility but was denied access.
Although Ansari and Stanton did not participate in this lawsuit, Ansari's office stated that she is in favor of it. Arizona politicians are unable to properly track conditions at facilities, including instances where U.S. citizens have been illegally held, as a result of the banned visits.
The new policy received support from the Department of Homeland Security. According to Assistant Secretary Tricia McLaughlin, prior notification is necessary to ensure the visits do not conflict with the president's power to oversee executive departments.
The shift, according to McLaughlin, was brought about by an increase in "assaults, disruptions, and obstructions" of ICE agents.
"A week is sufficient to ensure no intrusion on the President's constitutional authority," McLaughlin had stated.
Additionally, according to the court brief, immigration enforcement has wrongfully held certain U.S. citizens, sometimes without providing them with legal representation.
Spending measures that specifically prohibit the Department of Homeland Security from using funds to prevent congressional visits to detention centers have been passed by Congress since 2019. These bills have been signed into law by presidents of both parties.
According to the present law, funds cannot be used to keep Congressmen from visiting detention centers for the purpose of monitoring. Also, it explicitly states that legislators cannot be forced to provide warning in advance.
Several senior Democrats are among the twelve House members who are bringing the lawsuit. These include the top Democrats on a number of important committees, Congressional Hispanic Caucus Chair Adriano Espaillat, and Assistant Democratic Leader Joe Neguse.
Reps. Bennie Thompson, Jamie Raskin, Robert Garcia, J. Luis Correa, Jason Crow, Veronica Escobar, Dan Goldman, Jimmy Gomez, Raul Ruiz, and Norma Torres are among the other legislators.
Two legal groups, Democracy Forward Foundation and American Oversight, are representing the lawmakers.
According to the House members, their inspections are crucial to ensuring that laws are being appropriately followed and tax dollars are being used appropriately. They claim that in order to observe the actual situation within these facilities, unexpected visits are required.
The outcome of this case may affect Arizona's congressional delegation's ability to continue keeping an eye on conditions at institutions like Eloy and Florence, especially in a state that is heavily involved in immigration enforcement.
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