Durbin Presses ICE Acting Director On Denying Members Of Congress Access To Facilities

Durbin Presses ICE Acting Director On Denying Members Of Congress Access To Facilities

Despite constitutional oversight authority and laws explicitly granting Members of Congress access to ICE detention facilities, ICE has rejected requests from multiple Members of Congress to visit Broadview ICE Facility and other crowded short-term facilities

WASHINGTON - U.S. Senate Democratic Whip Dick Durbin (D-IL), Ranking Member of the Senate Judiciary Committee, pressed U.S. Immigration and Customs Enforcement (ICE) Acting Director Todd Lyons on denials of Members of Congress to visit ICE facilities and meet with detainees, including multiple attempts by Durbin to visit the Broadview ICE Facility in Illinois.

In a letter to the Acting ICE Director, Durbin began by admonishing the Trump Administration for impeding on Congress's oversight authority, writing: "I write to object to your unprecedented, unlawful, and unacceptable decision to deny Members of Congress access to the U.S. Immigration and Customs Enforcement Broadview Processing Center in Broadview, Illinois. The Trump Administration has increasingly restricted access to facilities used to detain noncitizens, including by denying Members of Congress access to the Broadview ICE Facility. I urge you to comply with the law and reverse this decision, allowing me and my colleagues to conduct desperately needed oversight of the Broadview ICE Facility."

Durbin then cited relevant legal framework authorizing and requiring such oversight, including McGrain v. Daugherty, Watkins v. United States, Barenblatt v. United States, and language included in appropriations laws.

Durbin then outlined unlawful limitations on congressional oversight imposed by the Trump Administration, writing: "In June, ICE issued an updated guidance memorandum requiring Members of Congress to give at least 72 hours' notice before an immigration facility visit. Since then, ICE appears to have further restricted its policy through a statement on the ICE Congressional Relations website, which imposes a seven-day advance notice policy, with exceptions at the discretion of Department of Homeland Security (DHS) Secretary Kristi Noem. Most recently, ICE has denied Members of Congress and congressional staff access to facilities due to the government shutdown. In addition to these restrictions, ICE has regularly prevented or delayed congressional access to processing facilities used to detain noncitizens for prolonged periods, even as detainees report squalid conditions, overcrowding, inhumane treatment, and lengthy stays."

Durbin continued by highlighting concerning reports about the Broadview ICE Facility, writing: "The Broadview ICE Facility is no exception. Although designed as a short-term service processing facility, this year ICE has expanded the maximum number of hours that noncitizens could be held at Broadview and other processing centers … in September, 143 individuals were detained at Broadview for two days or more … An American citizen detained during peaceful protests reported that immigration detainees are 'jammed packed' into rooms designed for short-term processing … Detainees report being provided little food, water, and hygiene products and having limited access to medication … The facility has been repeatedly described as a 'black hole'. Attorneys and family members alike cannot reach, respectively, their clients and loved ones in the facility; detainees are simultaneously prevented from contacting anyone until they have been transferred to another facility, often days later. These concerns have only grown as DHS has used the facility to support its reckless and dangerous immigration enforcement operations in Illinois."

After citing two previous visits to Broadview ICE Facility in 2013 and 2014, as well as regular visits to other DHS facilities under Democratic and Republican Administrations, Durbin writes: "The current Trump Administration is the only Administration that has repeatedly denied me and other Members of Congress access to a detention facility. In fact, I have requested to visit the Broadview ICE Facility and meet with detainees there four times. In each instance, I have been denied access."

Durbin concluded with an appeal to follow the law and allow for oversight visits, writing: "ICE officials' attempts to impede oversight of the Broadview ICE Facility are unconstitutional. They also raise serious questions as to what ICE is attempting to hide at this facility, and as a duly elected representative of the people of Illinois, it is my job to find out. I urge you to grant Members of Congress prompt access to the Broadview ICE Facility and provide the American people transparency into the conditions there."

For a PDF copy of the letter to Acting Director Lyons, click here.

In response to the Trump Administration's surge in federal law enforcement in Chicago and continuous threats to deploy the military in the area, Durbin has taken a number of steps to push back on these unlawful actions carried out by DHS and Secretary Noem under the direction of President Trump.

Durbin has taken the following actions to push back on the Trump Administration's so-called "Operation Midway Blitz" and "Operation At Large":

• Meeting with state, local, and community leaders. Durbin has been in regular contact with both Illinois Governor JB Pritzker and Chicago Mayor Brandon Johnson as the Trump Administration carries out "Operation Midway Blitz" without the consent or request of Illinois leaders. Durbin has also met with numerous local leaders and organizations, including: Little Village leaders; the American Immigration Lawyers Association; Brighton Park community leaders; the Resurrection Project; Elgin Mayor Dave Kaptain; Centro de Información; Alderman Mike Rodriguez of Chicago's 22^nd Ward; Broadview Mayor Katrina Thompson; student organizers of the walkout at a Little Village school; and Latino state and local officials in Waukegan and Chicago.

• Securing a commitment from Chairman Grassley for Secretary Noem to testify under oath. After Durbin repeatedly called for Secretary Noem to testify under oath before the Senate Judiciary Committee, Grassley heeded Durbin's call and agreed to schedule an oversight hearing with Noem.

• Writing directly to the President to urge him to immediately call off his plans to deploy troops to Illinois. Shortly after the President made clear his intentions to deploy both the Illinois and Texas National Guard to the Chicago region, Durbin led all Democratic members of the Illinois delegation in sending a letter to President Trump to demand that he immediately reverse his decision.

• Demanding DHS Secretary Noem end both "Operation Midway Blitz" and "Operation At Large". Durbin led all Democratic members of the Illinois congressional delegation in reprimanding DHS for violating due process, indiscriminately arresting immigrants with no criminal convictions, and escalating tensions at Broadview protests. In their letter, the lawmakers called out DHS leadership for its failure to communicate with Illinois' elected leaders while carrying out excessive, brutal raids. The lawmakers submitted questions about reports that DHS has brought in social media influencers to promote immigration raids; reports about the use of military weaponry, including drones, during raids; and the training that federal officials have received on responding to and de-escalating protests. Secretary Noem has yet to respond.

• Demanding answers from DHS, DOD, and FBI leaders about the President's actions in Chicago. As President Trump began publicly considering deploying troops to Chicago despite explicit opposition from Illinois leaders, Durbin demanded answers from Secretary Noem, Defense Secretary Pete Hegseth, and FBI Director Kash Patel about the potential deployment. Noem, Hegseth, and Patel have yet to respond.

• Introducing seven amendments to the NDAA to push back on the domestic deployment of troops. These amendments, which Durbin introduced alongside Duckworth, aimed to enhance congressional oversight over President Trump's expansive use of the military for law enforcement in American cities, including without the consent or request of a state's elected officials. A full list, as well as full text, of the amendments can be found here.

• Joining Duckworth in calling on DOD and DHS to immediately stop misusing the Chicago Harbor Lock. Durbin and Duckworth sent a letter to DOD Secretary Hegseth and DHS Secretary Kristi Noem to immediately stop using the Chicago Harbor Lock and U.S. Army Corps of Engineer facilities to support "Operation Midway Blitz." The Senators questioned Secretary Noem and Secretary Hegseth on why DOD and DHS had deployed vehicles associated with ICE and CBP into the Chicago River.

• Joining Duckworth in demanding ICE and CBP enforce body camera requirements. In their letter, the Senators demanded that the Office of Professional Responsibility (OPR) act immediately to ensure all CPB law enforcement officers assisting ICE wear and activate body-worn cameras when carrying out civil immigration enforcement operations in Illinois, in compliance with agency policy and a lawful order from a federal judge.

• Attempting to conduct oversight at Broadview ICE Facility. On October 10, Durbin and Duckworth attempted to visit Broadview ICE Facility to conduct oversight, which is a core responsibility of their role as elected officials. Despite their constitutional and statutory authority to conduct oversight, they were barred from entering the facility. This was the fourth time that Durbin had attempted to visit the facility in recent months, but DHS officials turned him away each time. Durbin has pressed the Administration on its denials of Members of Congress to conduct oversight visits of ICE detention facilities.

• Visiting Naval Station Great Lakes, which has provided limited logistical support to federal officers. Following reports that Naval Station Great Lakes would be used as a staging area for DHS agents, Durbin, Duckworth, and U.S. Representative Brad Schneider (D-IL-10) visited the Navy base for a briefing with base leadership on the support requested by DHS. While at Naval Station Great Lakes, the lawmakers also attempted to meet directly with DHS officials, but they were denied a meeting and were locked out of the office space used by DHS.

• Leading 26 Senators in calling on the U.S. Department of Defense Acting Inspector General (DOD IG) to inquire into the Trump Administration's domestic deployment of troops. In the Durbin-led letter, the Senators made clear that pulling National Guard troops away from their assigned duties to assist in law enforcement operations erodes public trust; diverts critical resources from communities in need, including those impacted by natural disasters; and costs American taxpayers millions of dollars. The Senators concluded their letter by calling for an inquiry into the legality of domestic troop deployments carried out by the Trump Administration.

• Pressing DHS Secretary Noem on lax ICE hiring standards, inflammatory recruitment messaging. In the letter, Durbin pressed Noem on the recent changes to hiring practices at ICE and asked whether ICE has hired any rioters who participated in the January 6, 2021 insurrection. Following a massive funding increase by Congress, ICE is recruiting new staff by employing polarizing and inflammatory recruitment messaging while also lowering age and training requirements with signing bonuses. Secretary Noem has yet to respond.

• Holding a meeting with the U.S. Secretary of the Navy to ensure that military resources are not allocated to Operation Midway Blitz beyond providing office space to DHS. At their request, Durbin, Duckworth, and Schnieder met directly with U.S. Secretary of the Navy John Phelan to discuss the limited logistical support provided by Naval Station Great Lakes to DHS and to ensure DHS would not conduct any operations on base. Naval Station Great Lakes has provided office space, parking, and storage space for nonlethal munitions. No Navy personnel or resources have been or will be involved in immigration raids directed by DHS in the Chicago area.

• Joining U.S. Representative Delia Ramirez (D-IL-03) to call for a meeting with Chicago's ICE Field Director. Durbin joined Congresswoman Ramirez in leading all Democratic members of the Illinois congressional delegation in demanding a meeting with ICE Field Director Russell Hott to discuss the so-called "Operation Midway Blitz" as ICE agents escalated tensions through their inflammatory response to protests outside of Broadview ICE Facility. Director Hott did not respond to the request before he was removed from his position this month.

• Questioning Attorney General (AG) Pam Bondi on the deployment of troops to Chicago during a Senate Judiciary Committee DOJ oversight hearing. During the oversight hearing, Durbin grilled AG Bondi about the White House's rationale for deploying troops to American cities, and he further pressed for answers on whether she was involved in any discussions with the President about the potential deployment of the military to Chicago. Rather than provide any clear answer, AG Bondi deflected the questions with personal attacks.

• Calling out his Republican colleagues on the Senate Judiciary Committee for failing to join him in upholding their constitutional oversight obligations. At executive business meetings, Durbin has called out his Republican colleagues for failing to condemn the Trump Administration's unprovoked escalation in immigration enforcement in Chicago, as well as failing to uphold their constitutional oversight obligations.

• Leading a Senate Judiciary Committee hearing on crime in cities. Durbin initially requested this hearing with the intent that the Committee would focus on the President's dangerous threats to deploy the military to American cities. The Republican majority reframed the hearing, choosing instead to focus on crime only in Democratic areas, despite statistics showing that Republican-leaning states consistently have higher rates of violent crime. In the hearing, Durbin exposed the Trump Administration's hypocrisy, underscoring that President Trump is slashing millions in funding for crime prevention efforts.

• Delivering remarks on the Senate floor about the excessive tactics used by DHS agents and speaking out about the President's attempted deployment of troops. Durbin has taken to the Senate floor more than 10 times to speak out against the excessive force used by DHS agents during raids. Durbin also shared the story of 16-year-old Ofelia Torres, a cancer patient who receives treatment at Lurie Children's Hospital, while her father was detained by ICE. Videos of Durbin's floor remarks can be found here.

• Holding a spotlight forum entitled, "Cruel and Unamerican: The Abuse of Immigrants to Attack our Constitutional Order." The forum examined the Trump Administration's ongoing abuse of immigrants to attack the fundamental rights of all Americans. Witnesses discussed how this Administration has used immigration to spearhead its efforts to undermine our constitutional order and the rule of law, including unprecedented attacks on due process; deploying the National Guard over the objections of local authorities; sending masked agents to arrest noncitizens for speech and expression protected by the First Amendment; disappearing noncitizens to El Salvador, South Sudan, and Guantanamo; and dismantling congressionally-authorized oversight.

• Hosting a meeting with Senators and NORTHCOM leadership. Durbin, along with U.S. Senators Alex Padilla (D-CA), Adam Schiff (D-CA), Ron Wyden (D-OR), and Jeff Merkley (D-OR), convened a virtual meeting with NORTHCOM leadership to request additional information about the troop deployments in Illinois, California, and Oregon. In the meeting, the Senators stressed that the nation's military must comply with the Posse Comitatus Act.

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